– Justice MW Chandwani has granted regular bail to accused namely Ankit Nemichand Yevnati.
Nagpur :- Ankit Nemichand Yevnati was prosecuted for the alleged offenses punishable under sections 302, 143, 144, 147, 148, 504 Of Indian Penal Code Vide Crime No: 481/2021 by the Yashodhara Nagar Police Station on the complaint of Mangesh Dhakate.
The prosecution case was that Prosecution case is that complainant Mangesh Ramkrushna Dhakate lodged report that on 19-07-2021 at about 09.30 p.m. when his brother named Atul Ramkrushna Dhakate was standing near electricity pole in front of Shaurya Fitness Gym in front of his house, at that time Ankit Yevnati, Manish Shhau, Tushar Varma along with co-accused made unlawful assembly and picked quarrel with Atul with anger on him on old petty quarrel and stabbed on the left side of stomach, forehead and elbow of left hand of Atul with deadly weapons causing him serious injuries with intention to kill him. After admitting Atul in Mayo hospital, during treatment he died. At the instance of the report, offence bearing Crime No.481/2021 came to be registered. After usual investigation chargesheet has been filed against the accused.
It was submitted that, none of the witness whose statements have been relied on by the prosecution speak of either presence of Ankitor the role played by the applicant
It was submitted that, submitted that, from the statement of Dinesh Narbariya, it is clear that, he was aye witness to the initial incidence and he had seen the assailants. It is submitted that, he has not referred to applicant at all and no test identification parade has been conducted to arrive at the identity of the assailants.
It is submitted that, prosecution case is that, deceased has made oral dying declaration to some witnesses that, persons namely Manish along with Tushar, Ankit, Sunil and Pappu have assaulted him. It is submitted that, there is no investigation as who these persons are. It is submitted that, name of present applicant is Ankitkumar Nemichand Yevnati and deceased has only allegedly stated Ankit. That, there are thousands persons known by name Ankit. It is submitted that, merely stating the name of ankit would not mean that present applicant is assailant. It is submitted that, there is no investigation in this direction whether ankit allegedly involved in the offence is the applicant or any other person by name Ankit.
Adv Mir Nagman Ali appeared for Ankit Yevnati.
