VISHAL YADAV Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner is facing trial in case FIR No. 192/ 2002 under Sections 302/201 /364, IPC, registered at PS Kavi Nagar, Ghaziabad. He is presently, facing trial at Delhi. He seeks his release on bail primarily in view of his confinement in jail for the last about 21/2 years. Earlier, the petitioner had unsuccessfully pleaded for bail, which was, declined by this Court by an order dated 14.10.2003.

(2.) The petitioner is being connected with the abduction and murder of one Nitish Katara on the basis of last seen evidence and recovery of a wrist watch from his possession belonging to the deceased. Till date, thirty eight witnesses have been examined. On earlier occasion when the first application was considered and disposed of by order dated 14.10.1003, thirty four witnesses and a Court witness had been examined. It was noted that out of them, many had turned hostile and did not support the prosecution case. Ms. Bharti Yadav, cousin sister of accused-petitioner, is one of the material witnesses, who remains yet to be examined. While declining bail earlier vide order dated 14.10.2003, the petitioner was granted liberty to move for his release on regular or interim bail after the statement of Ms. Bharti Yadav is recorded.

(3.) The petitioner, however, did not wait for this to happen and applied to the learned trial Court for being released on bail, which was, however, dismissed by the learned Additional Sessions Judge by his order dated 25.10.2004, particularly in view of this Court's order dated 14.10.2003 granting liberty for renewal of bail plea only on Ms. Bharti Yadav being examined.