IN THE HON’BLE COURT OF SESSIONS JUDGE, PUNE,

AT PUNE

MCOC Case No. – 328/2022

STATE OF MAHARASHTRA .…Complainant

v/s

AKSHAY BAPURAO GIRIMKAR …..Applicant/Accused

HUM’BLE FIRST APPLICATION FOR BAIL

U/S. 439 OF CR.P.C IN CONNECTION WITH
AN OFFENCE REGISTERED AT
LONIKAND POLICE STATION VIDE C.R. NO.
20/2022, OFFENCE U/SEC. 302, 307, 341,
143, 147, 148, 149, 427, 120(B), 201 OF
INDIAN PENAL CODE, SECTION 3, 7 OF
CRIMINAL LAW AMENDMENT ACT, SECTION
3(25), 4(25) OF ARMS ACT, SECTION 37(1),(3)
R/W 135 OF MAHARASHTRA POLICE ACT,
AND SECTION 3(1)(I), 3(2), 3(3), 3(4) OF MCOC
ACT.

MAY IT PLEASE YOUR HONOUR:­

The present Applicant/Accused above named AKSHAY

BAPURAO GIRIMKAR at present languishing at Yerwada
Central Prison most respectfully begs to state as under: ­
1. The Applicant/Accused above named was arrested on
19/01/2022 in connection with an offence registered at
Lonikand Police Station vide C.R. No. 20/2022.
Thereafter accused was produced before Ld. J.M.F.C.
The present applicant was remanded to police and
magisterial custody from time to time and at present he
is in magisterial custody at the Yerwada Central Prison,
Pune.

2. That the prosecution story in nutshell is as under

:­
 That Mr. Sachin Nanasaheb Shinde was murdered
in February 2021 at Lonikand. Prathmesh @
Sunny Kumar Shinde was an accused in the said
case. He was an under­trial prisoner. The gang
members of deceased Sachin Shinde i.e. accused
persons decided to take revenge of his murder.
Gang leader accused Nikhil Patil swear that he
would not wear footwear till the revenge is taken.
They conspired to commit murder of the bail out
accused deceased Prathmesh @ Sunny Kumar
Shinde. For that purpose, deadly weapons were
collected including fire­arms and a specific plan
was prepared. On 12/1/2022 deceased Sunny
Shinde went to Shivajinagar Court to attend the
date in the sessions case. Informant Minal Shinde
and her cousin father­in­law, and father of Sunny
viz. Kumar Shinde accompanied him. They went to
Shivajinagar Court, Pune in a car and accused
Abhishek Langhe and Rohan Gaikwad kept watch
on their activities. They were provided location of
the deceased and informant frequently from
different places till the car of the deceased reached
Lonikand. The gang decided to commit deadly
assault on the victims when they were passing
from Jilha Parishad School of Lonikand. A dumper
was parked on the said place purposely. As soon
as the car of the deceased reached the said place,
accused Rugved Walke took out his Saffari Car and
dashed the car of the deceased on right side.
Simultaneously, gang leader accused Nikhil Patil
arrived there with another Saffari car and parked
the said car in the backside of the car of the
deceased. Co­accused came out from the vehicles
with deadly weapons viz. sickles, 3 pistols and
sticks. They admitted to open the doors of the car
of the deceased but those could not be opened.
They had broken up the glasses of the car and
fetched both the deceased, the informant and the
driver of the car outside. Deceased Sunny and his
son Kumar were brutally assaulted by the gang
members by means of deadly weapons i.e. sickles,
sticks and stones and were murdered. The
informant was also brutally assaulted. She was
lucky to get escape. The driver of the car,
Dnyaneshwar Chavan was also assaulted by the
 assailants but he succeeded in running away and
saved his life. The informant went to police station
and lodged FIR mentioning names of the assailants
viz. accused Nikhil Patil, Rugved Walke, Rutik
Kinkar, Mauli Kolte, Abhishek Gavhane
(applicant), Shubham Wabale, Pratik Kand and
other 4­5 unknown persons.
 During investigation police arrested all the
accused, firstly for hatching conspiracy of
committing murder of Sunny Shinde, then for
committing murders of Sunny and Kumar Shinde,
attempted to commit murder of informant and
driver Dnyaneshwar and for the allied offences.
The provisions of MCOC Act came to be invoked
considering the nature of the crime and previous
charge­sheets pending against the gang leader and
other accused.
3. That, the Accused is in judicial custody and he has not
filed any other application seeking his release on bail.
There is no other application pending before any other
court of the present Accused regarding the present subject
matter.
4. That Applicant has not committed any offence but he has
been implicated by the Complainant with ulterior motive
and hence the Applicant approaching this Hon'ble court
for release him on bail on the following amongst other
grounds thereto:­
 GROUNDS

A) That the applicant has not committed any offence much

less than the offence alleged to have been committed by
him.
B) That the Applicant / Accused is having family members
and he is only earning member in his family.
C) That the Accused is pinning in jail since 19/01/2022,
considering the pendency of cases there is no chances
to commence and conclude the trial in near future.
D) That the there is no direct material to support the
complicity of the applicant in the alleged offences.
E) That the present accused/applicant has not been
named in FIR and neither in the statement recorded
under Cr.P.C. 164.
F) That the present Applicant/Accused was arrested on
19/01/2022 and the chargesheet has been filed and
there will be no further recovery and discovery from the
applicant.
G) That the provisions of MCOCA are not applicable.
H) That the applicant is young teenager and trying to make
his future and if he will be remained in the company of
hardened criminal, his career would be spoiled.
I) That the Applicant undertakes that, he will abide
all the conditions, imposed by this Hon'ble Court while
releasing on bail.
J) That the Applicant/Accused is ready and willing to
furnish surety to the satisfaction of this Hon’ble Court.
 K) That the Applicant/Accused undertakes that he will not
tamper with the prosecution witnesses and he will not
abuse the process of law in any manner.
L) That the applicant do not have any past antecedents.
That the Accused/Applicant is permanent resident of
aforesaid address. He is deeply rooted in the society.
Hence chances of absconding are very remote.

FOR THE GROUNDS STATED ABOVE AND ADDITIONAL

GROUNDS WHICH WILL BE ARGUED AT THE TIME OF
HEARING OF THIS APPLICATION,

IT IS THEREFORE PRAYED THAT –

a. Application may kindly and graciously be allowed.

b. Applicant may kindly be released on bail on such terms
as Hon’ble Court deems to be fit owing to the wide
discretionary powers vested with this Hon’ble Court.
c. Any other order in the interest of justice be kindly be
passed.

PUNE

DATE – .11.2023 ADVOCATE FOR APPLICANT