1. The present bail application is filed by the applicant under
Section 439 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for
short). By this application, the applicant seeks his release on
regular bail in connection with Crime Register No.402 of 2019,
registered with Narpoli Police Station, for offences punishable
under Sections 302 and 397 read with Section 34 of the Indian
Penal Code, 1860 (“IPC” for short).
2. As per the case of the prosecution, the incident came to light
on 7th July 2019 at about 3.00 p.m. when the complainant, after
finishing his work in Thane, returned to his shop. On arrival, he
noticed a strong foul odor coming from the adjoining Shop No.11.
Sensing something amiss, he immediately contacted the Secretary
of the society, Mr. Abhimanyu Pandey, and apprised him of the
situation. Mr. Pandey, along with other members of the society,
58-ba1234-2025.doc
rushed to the spot. Considering the suspicious circumstances,
Narpoli Police Station was informed. The police reached at about
4.00 p.m., and in the presence of society members, the shutter of
the said shop was forcibly broken open with the help of a hammer.
Upon opening, a gruesome scene was revealed – a male body was
lying in a pool of blood inside the shop. The deceased, aged about
40-45 years, had sustained grievous injuries on the neck and the
right wrist, apparently caused by a sharp-edged weapon. The body
was found to be in a highly decomposed condition, indicating that
death had taken place about two to three days prior to its
discovery. In these circumstances, the complaint came to be
registered.