BA-1159-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1159 OF 2022

Tejas Nandkumar Awale

...Applicant

Versus

State Of Maharashtra

...Respondent

WITH

INTERIM APPLICATION NO. 3522 OF 2022

IN

CRIMINAL BAIL APPLICATION NO. 1159 OF 2022

Miss. Dipali Rajendra Shivdas

...Applicant

IN THE MATTER BETWEEN :

Tejas Nandkumar Awale

...Applicant

Versus

State Of Maharashtra

...Respondent

WITH

CRIMINAL BAIL APPLICATION NO. 748 OF 2022

Sangram Babu Ranpise

...Applicant

Versus

State Of Maharashtra

...Respondent

WITH

INTERIM APPLICATION NO. 3523 OF 2022

IN

CRIMINAL BAIL APPLICATION NO. 748 OF 2022

Miss. Dipali Rajendra Shivdas

...Applicant

IN THE MATTER BETWEEN :

Sangram Babu Ranpise

...Applicant

Versus

State Of Maharashtra

...Respondent

....

Mr. Meghdeep Oak a/w Mr. D. Bose, Advocate for the Applicant in

both Bail Applications.

Mr. Shailesh Chavan, Advocate for the Applicant in both Interim

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KAWRE

KIRAN

KALYAN

Digitally

signed by

KAWRE KIRAN

KALYAN

Date:

2022.12.23

12:23:11

+0530

BA-1159-2022.doc

Applications.

Mr. A. A. Palkar, APP for the Respondent – State.

CORAM

:

PRAKASH D. NAIK, J.

RESERVED ON

:

17^th OCTOBER, 2022

PRONOUNCED ON :

23^rd DECEMBER, 2022

PC

:

1.

The applicants are arrested on 6^th April, 2021 in C. R. No.286

of 2021 registered with Satara City Police Station, for offences

punishable under Section 302, 201 read with 34 of the Indian Penal

Code, 1860.

2.

The prosecution case is as under:-

i.

The first informant is the mother of deceased. On 5^th April,

2021, the first informants son Akash did not return home. At about

10.00 p.m. she gave phone call to him. He told her that he would

return in five minutes. The first informant again gave call to Akash

at about 10.30 p.m. The phone was picked up by one Sangram

Ranpise and he told her that, he would leave Akash in five minutes.

At about 11.45 p.m. first informants daughter Deepali gave a call to

Akash and he told her that he would return within five minutes and

switched off the phone. Akash did not return home. On the next

day morning attempts were made to call him but his phone was

found switched off. The first informant and her husband went to

their shop at Shahu Market. They heard the conversation that half

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burnt body of some person is found behind the Shahu Market. They

could not trace Akash. Subsequently they came to know that

motorcycle of Akash is lying at Shahu Market. During search they

found half burnt body of Akash. They also noticed blood stained

cement stone at the place where the body was found. The articles

found at the place of incident were belonging to Akash. First

Information Report was registered on 6^th April, 2021. Investigation

proceeded. Accused were arrested. Charge-sheet was filed.

3.

The applicant in Bail Application No.1159 of 2022 (Tejas

Awale) preferred an application for bail before the Court of

Sessions. The application was rejected by order dated 7^th March,

2022.

4.

The applicant in Bail Application No.748 of 2022 (Sangram

Ranpise) preferred an application for bail before the Court of

Sessions and the said application was rejected vide order dated 29^th

October, 2021.

5.

The grounds for bail urged on behalf of the applicant in Bail

Application No.1159 of 2022 are as follows:-

i.

There is no evidence to show involvement of applicant in the

crime. The applicant has been arrested on suspicion.

ii.

The only circumstance alleged against the applicant is about

the tower location of the applicant near the spot of the incident.

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This cannot be considered as strong circumstance against the

applicant since the applicant stays in the vicinity of the alleged

tower location.

iii.

At the most role attributed to the applicant is of destroying

the evidence and commis