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Unmesh Gujarathi

Bombay High Court here on Monday granted bail to man arrested for killing lovers’ husband who was arrested in January 2021 for the alleged murder.

As per the sources, on 5 th January 2021 early in morning a dead body of deceased person named Ashok Yadav was found in Mother Teresa ground of Malwani in Malad with severe injuries on throat as a result an FIR was registered with Malwani Police station following which the accused named Pruthiviraj Tularam was arrested by police along with Sheila Yadav, wife of deceased and further in the police investigation it was revealed that duo who were in extra marital relationship had conspired and murdered the deceased Ashok Yadav and in pursuance to the same at late night accused Tularam invited the deceased Ashok to have liquor at the crime spot and after both consuming liquor, the accused killed the deceased Ashok by slitting throat with sharp knife, which was recovered by Police during the investigation.

Advocate Anand Pande along with assisting Advocate Pawan Singh who represented accused Tularam in High Court during the course of arguments submitted that in the entire police investigation none of the witnesses in their statements whispered anything about extra marital relations and relying merely on phone call records could not prove the prosecution theory of love affair between accused and wife of deceased. Also the Advocate for accused pointed out to the court that even though the Police had collected CCTV footage from the local wine shop in Malad where the accused could be seen buying bottle of liquor which subsequently was claimed to have been consumed at the alleged crime spot but however the actual dead body was found on 05 th January 2021 whereas the footage was of 3 rd January 2021 which was nearly 42 hours prior to the time of murder and neither in the said CCTV footage the accused Tularam could be seen anywhere with the deceased Ashok also the defence lawyer further argued that blood samples of dead collected by Police was haemolysed as a result the blood group of the deceased could not be determined in the Forensic Report which negated any possibility of comparing and matching the blood samples of dead along with blood samples found on the knife and clothes recovered from the accused during investigation.

Whereas the Public Prosecutor Advocate Rashmi Tendulkar argued that the crime showed clear involvement of the accused person and the liquor shop employees had identified the accused person further the crime being serious in nature and gravity, the accused should not be granted bail.

However, Justice Prithviraj K. Chavan of Bombay High Court after hearing both the advocates while granting the bail observed that there was nothing on record to show that the conspiracy was hatched by the accused along with the wife of deceased to eliminate the deceased hence it was fit case of bail.

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