1 BA-1874-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1874 OF 2011 mhi Mr. Sagar Nandkumar Gade ... Applicant vs. 1. The State of Maharashtra ) 2. Police Inspector, Talegaon Dabhade ) District Pune. ).. Respondents Shri V.B.Mantri a/w Satyavrat Joshi i/b. Subhash Hulyalkar, Advocate or the applicant. Smt. R.V.Newton, APP, for the respondent-State. CORAM: J.H.BHATIA, J. DATE : 21st December,2011. P.C. 1. The applicant seeks to be released on bail in Crime No.120 of 2011 registered with Talegaon Dabhade Police Station, District Pune under Sections 302, 201 read with Section 34 of IPC. 2. Prosecution case, in brief, is that deceased Ajay Tukaram Dhore and four accused persons, namely, Ankush, Amol, applicant Sagar and Manish went to Pawna Dam just for a picnic by a Maruti Swift Car. While returning, some quarrel 2 BA-1874-11.sxw had taken place between Ajay on one hand and accused Nos. 1 and 2 on the other. Accused No.1 Ankush and accused No.2 Amol stabbed on his abdomen, back, neck and other parts of the body with knives and committed murder. Thereafter, accused Nos. 1 and 2 threw away the dead body of Ajay in a stream from the bridge. At that time, accused No.3 Sagar and accused No.4 Manish were also present in the car. When these persons returned home, father of the deceased asked them about Ajay. Accused Nos. 1 and 2 and the present applicant Sagar allegedly told him that they had left the deceased near his house at about 8.30 p.m. This was wrong statement. The investigation has been completed and charge sheet is filed. The prosecution story as against the present applicant is only that he was present in the car at the time when the accused Nos. 1 and 2 had committed murder of the deceased, but inspite of that he had not informed the police or had not given correct information to father of the deceased. It is not the prosecution case that the applicant was one of the assailants. 3. Therefore, the applicant be released on his executing P.R. of Rs.15,000/- with a surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.) 3 BA-1874-11.sxw