SUNIL KUMAR ALIAS BITTOO Vs. STATE

JUDGEMENT

(1.) THIS application for bail has been made by accused Sunil Kumar @ Bittoo, facing trial under Section 302/201/397/364/411 IPC read with Section 120-B IPC. The allegations against the applicant are that he along with his co-accused conspired to hire a taxi from Delhi in order to murder the driver and take away the taxi. In furtherance of this plan, one Toyota Innova taxi bearing registration no. DL-IY-A-6096 was hired from Pawan Hans Tours and Travels. One Sonu was driver of this taxi. The taxi was hired for going to Masoorie by one of the co-accused and other two co-accused joined the co- accused at Jaipur Golden Hospital and all the three left for Masoorie. At UP boarder they purchased whisky and on the way liquor was consumed by all the three accused persons and they also offered some liquor to the driver. After reaching Masoorie, the accused persons told driver that they will have to return to Delhi as brother-in-law of the accused to whom they had come to meet, was not available at Masoorie. So, they pretended of proceeding back to Delhi. After 10-15 minutes of drive from Masoorie, the vehicle was got stopped by them on the pretext of an accused not feeling well and that he wanted to vomit. After the driver stopped the car, he was assaulted with a broken liquor bottle and after he became unconscious, he was strangulated to death with the help of his belt. His gold ring, silver ring, gold chain, credit card, mobile phone and Rs. 12,000/- in cash were removed and his body was dumped at an isolated place and accused persons took away the taxi.

(2.) THE evidence in this case is going on. Counsel for the petitioner submits that recovery of one gold ring has been shown from the applicant and merely on the basis of recovery of one gold ring, the applicant cannot be held guilty for kidnapping and murder. He therefore sought bail for the applicant.