1/6 00 BA-2180.21 J.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.2180 OF 2021

1.

Rajesh Dhakal Rao,

residing at : Gadchinchale, Taluka

Dahanu, District Palghar.

]

]

]

2.

Ramdas Kase Rao,

residing at : Fansulpada, Taluka

Dahanu, District Palghar.

(Presently detained in Central

Prison, Thane.)

]

]

]

]

]

… Applicants

Versus

The State of Maharashtra,

(At the instance of Kasa Police Station.)

]

] … Respondent

…

Ms. Vrishali R. Raje for the applicants.

Mr. Satish Maneshinde, Special Public Prosecutor with Ms. S.S.

Kaushik, A.P.P. for the State.

…

CORAM

: MRS. BHARATI DANGRE, J.

RESERVED ON

: 09^TH MARCH, 2022.

PRONOUNCED ON : 01^ST APRIL, 2022.

AJN

JAYARAJAN

ANJAKULATH

NAIR

Digitally signed by

JAYARAJAN

ANJAKULATH NAIR

Date: 2022.04.01

16:24:19 +0530

2/6 00 BA-2180.21 J.odt

ORDER.:-

1.

The applicants before me came to be arraigned as accused in

C.R. No.I-76 of 2020 registered with Kasa Police Station under

Sections 302, 307, 120(B), 353, 332, 341, 342, 427, 109, 117, 143,

144, 145, 147, 148, 149, 152, 188, 201, 269, 270, 290, 505 (2)

read with Section 34 of the Indian Penal Code read with Sections

51(b), 52, 54 of the Disaster Management Act, 2005 and Sections

2, 3, 4, 5 of the Epidemic Act, 1897 and Sections 135, 37(1)(3) of

the Destruction of Public Property Act, 1984 and came to be

arrested on 10/05/2020 and, since then, they are incarcerated.

On completion of investigation, charge-sheet is filed and

they are charge-sheeted.

2.

The applicants seek their release on bail on the ground that

the prosecution has not been able to compile cogent and reliable

evidence against them in the charge-sheet and as the case of the

prosecution is to the effect that a mob of 400 to 500 villagers was

present at the spot, on the date of the incident and the gathering

violated the norms of lockdown and curfew hours and the mob

lynched three persons and even attacked the police. It is submitted

that he identification of the present applicants in the episode is

doubtful.

The learned counsel Ms. Vrishali Raje submits that the

charge-sheet is voluminous, running into 12000 pages and the

investigation into the offence conducted by the local CID, is in no

AJN

3/6 00 BA-2180.21 J.odt

way, sufficient to implicate the applicants for the offences with

which they are charged. It is argued that without any sufficient

evidence, about their active participation in the assault, which led

to the death of the three persons, the applicants cannot be held

guilty of any conspiracy. The foremost submission of Ms. Raje is

to the effect that the prosecution has collected evidence in the form

of CDR of all the arrested persons and shown the presence of the

applicants at the place of incident. She states that in the vicinity of

Gadchinche and other adjoining area, there is only one mobile

tower and, therefore, it is natural to get the same location of any

person within the range of 40 kms. Further, the panchanama and

the statements of witnesses, who have seen the CCTV footages

and identified several persons, who had gathered on the spot on

the fateful day also is not sufficient evidence of their participation

in the assault since only their presence has been mentioned. The

statements of the eye-witnesses, which are compiled in the charge-

sheet, also do not clearly indicate the applicants, is the submission.

3.

As against the arguments advanced for the applicants, the

learned Special Public Prosecutor, Mr. Satish Maneshinde would

submit that the incident is a serious one when on 14/04/2020,

while the lockdown was enforced in Palghar District, at around

10.00 p.m. – 10.30 p.m., a group of villagers has attacke