According to the prosecution, Balasaheb Shankar Ghule and others hatched a conspiracy and killed Arjun Ghule on account of political rivalry.
Justice Abhay Thipsay today said though Vinayak Jadhav, a co-accused who had applied for bail, was present at the scene of offence, he had not actually taken part in the crime.
The prosecution's case, based on a witnesss's account, is that he was present at the scene, and shouted "mara, khalas kara" (kill, finish him), whereas the others were assaulting Ghule.
In the identification parade, none of these persons could identify the applicant, the court noted.
"The applicant is in custody since July 11, 2013. I am informed that the trial has not yet commenced. The main person at whose instance the murder is alleged to have been committed has been released on bail by the sessions Court," the HC said, adding that applicant himself had no criminal antecedents.