LALIT Vs. STATE (GOVT OF NCT OF DELHI)

JUDGEMENT

(1.) The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking bail in case FIR No. 223/2019 under Sections 364/365/368/302/201/34 IPC registered at Police Station Narela, Delhi.

(2.) Briefly stated, the facts of the case are that on 06.06.2019, a missing report of Rajpal aged 40 years was lodged by his brother-in-law namely Ranbir vide DD No. 54-A dated 6.6.2019 at police station Narela, Delhi. Subsequently, Rajpal's wife Hemlata appeared at P.S.Narela on 8.6.2019 and gave her statement wherein she stated that her husband Rajpal was last seen with Suraj aged 25 years in the intervening night of 4-5.06.2019 and went missing along with his motorcycle. It is alleged that enquiry was conducted and during the enquiry, suspect Suraj was also found absconding. Accordingly, a case bearing FIR No.223/2019 under Section 365/368 IPC was registered at Police Station Narela on the basis of the statement given by Hemlata and investigation was taken up.

(3.) It is alleged that during the course of investigation, suspect Suraj was nabbed on 23.6.2019 from Shani Bazar Road, Narela at the instance of the informer. Accused Suraj disclosed that he along with his two associates namely Sahil and Lalit (the present applicant) had abducted Rajpal on 05.06.2019 from Singhu Border and killed him by hitting him badly with wooden sticks in the field near Tikri Village. Thereafter, they lifted the dead body and put into a Santro Car and after they dumped the dead body in Budhpur drain. It is alleged that accused Suraj also disclosed that they had killed Rajpal as he got him arrested in District Hapur, UP around 8 months back due to which he had to remain in jail for about one month and also suffered financial loss to the tune of Rs.3-4 lacs. Accordingly, Sections 302/201/34 IPC were added in the case on the basis of the disclosure statement of accused Suraj. It is alleged that accused Suraj identified the place of the incident as well as the place where they dumped the dead body of deceased in Budhpur drain. It is further alleged that on enquiry, it was revealed that a dead body of an unknown male person with similar description was recovered in Budhpur drain in the area of PS Swaroop Nagar on 18.06.2019 which was preserved in Mortuary, BJRM Hospital. The said dead body was shown to the family members of the victim Rajpal who had identified the body as that of the victim Rajpal. It is further alleged that the shoes of the deceased and weapon of offence i.e two wooden sticks were also recovered at the instance of accused Suraj.