IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3480 OF 2008 CRI.APPLICATION NO.3480 OF 2008 CRI.APPLICATION NO.3480 OF 2008 Vijaykumar Rajmani Yadav, .. Applicant Vs The State of Maharashtra, Respondent. Mr Niranjan Mundargi, for the applicant. Mr S.P.Kadam, for the original complainant. Mr J.P.Yagnik, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 19/11/2008 DATE : 19/11/2008 DATE : 19/11/2008 PC: PC: PC: 1. Heard Mr.Mundargi, learned counsel for the applicant, Mr.Yagnik, learned APP, for the State and Mr Kadam, learned counsel for the complainant. 2. The applicant is seeking bail in CR No.285 of 2007 of Mulund Police station, Mumbai. The said crime has been registered against the applicant and two others for having allegedly committed an offence punishable under sections 302,364,201 read with 34 of IPC. 3. The case of the prosecution is based on circumstantial evidence. The circumstances relied upon by the prosecution are : last seen together, motive, recovery of weapon at the instance of one of the accused, witnesses stating that all the accused persons were seen together during the relevant period and mobile of the deceased. It appears that on the basis of the mobile number of the deceased, which was disclosed by the father of the deceased in his missing complaint, the police reached one Amit, who had provided Simcard to Ramesh, the main accused. It appears that he had affairs with one Charmi Savla. The deceased Shashikant also had love affairs with the very same girl. Apart from this, Rohan Mangera is also a witness, who had seen the accused persons and the deceased last together. There are some other circumstances also on record, such as, statements of the witnesses, who had seen all the accused persons together during the relevant period and the motive, which connect all the accused persons with the alleged incident. The deceased died of several incised injuries. In my opinion, the circumstances brought on record by the prosecution are,prima facie, sufficient to connect the accused persons with the alleged incident of murder. In the circumstances, the application is rejected. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)