1 Cri.A.2195.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2195 OF 2011 Raju @ Rajiv S/o Gangadhar Tekale R/o Sonal Dist. Nizamabad(AP) ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.V.D.Salunke, Advocate for Applicant. Shri.G.R.Ingole, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 22ND JUNE, 2011. PER COURT : 1. This application is filed for bail, in Crime No. 5 of 2011, registered with Mukramabad Police Station, District Nanded, for the offence punishable under sections 302, 341 and 323 of the Indian Penal Code. 2. Papers of investigation are made available by the learned APP. Both sides are heard. 3. Present applicant is real brother of the deceased. On 11.01.2011, present applicant was in the company of the deceased and they together went to Degloor. In the evening, also he was in the company of the 2 Cri.A.2195.11 deceased. Cousin of the accused Chandrakant had seen them together. Present applicant and the deceased took liquor together at place where they had quarreled with waiter. When they were together, the deceased had contacted members of his house on phone. They left the village on motorcycle together, after that dead body of the deceased was found by the side of the road. 4. On 12.01.2011, present applicant gave report to Police that when they were returning to village four persons had intercepted their motor cycle and they had taken away the deceased with them. He informed that due to fear he ran away. He informed that one out of four assaulted him by weapon like Katti. He has sustained injury to his left hand thumb. He had given report against four unknown persons. He informed that the deceased was of bad character, who had evil eye against every woman and was heavy drinker. 5. Papers of investigation show that as many as 45 injuries were found on the dead body, more than 50% injuries were incised wound and remaining were CLW. The death of the deceased took place due to multiple injuries and haemorrhage's shock . While in police custody, present applicant gave statement to the police and produced blood stained 3 Cri.A.2195.11 clothes of the applicant, which are seized by the Police. Weapon knife (Khanjar) having blood stain is also recovered by the Police at his instance. Spot panchnama shows that dead body was found at a distance of hardly five feet from Udgir-Dagapur road and near dead body articles of the deceased like Mobile handset were found. There were other articles like pen, white handkerchief and also there was a piece of hand gloves of the portion of the thumb near the dead body. Panchnama of seizure of clothes of the applicant shows that two hand gloves were recovered from his house and one hand gloves is in torned condition and a portion of the hand gloves of the thumb was missing. Police have recorded the statements of close relatives of the deceased. In the statement of widow of the deceased to the effect that she has suspicion against present applicant. The statement was recorded after recovery of aforesaid articles from the house of present applicant. Thus, there is material like report given by the present applicant to police, discovery of blood stained weapon, discovery of blood stained clothes of applicant, presence of piece of hand glove on the spot and recovery of remaining portion of hand glove from the house of applicant under section 27 of the Evidence Act and circumstance of last seen together. These circumstances, prima face make out case against the applicant. It is brutal murder. Witnesses are close relatives of the present applicant. In view of the circumstances, it is not fit case to grant bail. So, 4 Cri.A.2195.11 application stands rejected. Sd/- [ T.V.NALAWADE, J.] MTK