Observing that there was no direct evidence against a murder accused, the Bombay High Court today granted him bail.
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.
The court noted that there were two others who were supposed to have witnessed the presence of the applicant but they did not name him. They only described him as 'one boy standing with a bag', and shouting 'kill him'.
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.
The HC directed that Jadhav be released on bail in a sum of Rs 50,000 with one or two sureties.
