sg 1 BA1413_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1413 OF 2011 Gotya @ Pramod Maruti Tirthe ... Applicant Versus The State of Maharashtra ... Respondent Shri Avinash Kamkhedkar, Advocate for Applicant. Shri Y.S. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 22nd NOVEMBER, 2011 P. C. : Applicant seeks to be released on bail in Crime No.514/2010 registered by Haweli Police Station, Pune for the offences punishable u/s 302 r/w 34 of IPC. 2. The prosecution case in brief is that on 9.9.2010 at about 9.15 p.m. deceased Dhananjay went near Novelty Store. Within 5 to 10 minutes first informant Nilesh heard the shouts from that side and found that Dhananjay was lying on the ground in front of Rohini Novelties and two persons were assaulting him with koytas or sickles and third person was on the splendor motorcycle, engine of which was on. Nilesh ran towards Dhananjay. At that time, both the assailants ran away by the said motorcycle driven by the third person. The motorcycle No. was 1993. It appears that the first informant Nilesh was not knowing the names of the assailants. As per the statement of eye witness Shekhar Gurav, three persons had come on motorcycle. Out of them, one was driver and two persons assaulted Dhananjay with koyta. After the incident, both of them ran away by the same motorcycle towards Ambegaon village. Shekhar Gurav ran away towards Ambegaon village via sg 2 BA1413_11 Dattanagar Chowk and he found that one more person sat on the said motor cycle and those four persons ran away by the splendor motorcycle. He also saw at the corner of Amar Medical on Datta Nagar Katraj Road one more Pulsur motorcycle on which there were two persons. Those two persons ran away towards Katraj Road. Pramod @ Gotya was on the pillion seat of that motor cycle. Shekhar Gurav who was eye witness has not given the names of any assailants but he has given the names of the present applicant, who ran away as the pillion rider of the Splendour motorcycle. 3. From the facts revealed during the investigation it appears that the present applicant was not even present at the spot of incident. It appears that he has been impleaded as accused as one of the conspirators. However, except the above evidence, there is no material against him. 4. Therefore, the applicant be released on P.R. bond of 20,000/- with one or two sureties in the above amount with a condition that he shall not tamper with the witnesses. (J. H. BHATIA, J)