IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3598 OF 2009 Nandadeep Chandrakant Kap ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.Kuldeep S. Patil, Adv. for the applicant. Mrs.P.P.Shinde, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 17th Sept., 2009. PC: Heard. The applicants are original accused Nos.1 and 2 in CR No.I-379/08 registered with Nallsopara police station district Thane for offence punishable under sections 363, 364, 302, 201 read with section 34 of IPC. The applicants having been arrested in connection with the said case present application has been moved for their release on bail. 2. The wife of the present applicant No.1 by name Namrata had eloped with the deceased along with money and golden ornaments. Perusal of the statement of Namrata recorded on 2.10.08 reveals that the deceased was acquainted with the wife of applicant No.1 as he used to visit the lodge regularly for meals on monthly basis. Wife of the applicant No.1 and the deceased had planned to elope on 27.6.08 and accordingly Namrata had kept her son at the residence of sister in law. After they eloped they stayed in a tenanted premises. They also are stated to have married in a temple. Two unknown persons had visited the residence of Namrata at Nallasopara and she was informed that the deceased has been taken to the residence of her in laws and her first 1 husband and she was also asked to reach there. When she reached residence of in laws of first husband the applicants initially enquired as to where is the money which she had carried with her and about golden ornaments. Wife of the applicant No.1 informed that money has been spent and the golden ornaments have been mortgaged with the jeweller. Enraged thereby the applicants started assaulting deceased after tying hands of the deceased. The deceased was dragged near some construction which had come up near the house of the applicants and in the presence of wife of applicant No.1 the deceased was beaten till he died. The incident has been narrated by wife of the applicant No.1 Namrata and all the details and particulars are stated therein. Taking advantage of darkness Namrata escaped. There are other witnesses as well who have deposed that the present applicants were seen assaulting the deceased at the relevant time. Having regard to the totality of facts and circumstances I have no iota of doubt that there is enough material available on record which connects the applicants with the crime. This is not a fit case for grant of bail. Hence application stands rejected. 17.9.2009. 2