DHEERAJ SINGH Vs. STATE

JUDGEMENT

(1.) The Counsel for the parties were heard at length. The case of the prosecution is that Karan Radia (the abductee) received an SMS message on his mobile phone on 25.4.2003 from the petitioner asking him to come to Vasant Vihar on the next day. On 26.4.2003 the said Karan Radia reached Modern Bazar, Vasant Vihar along with his driver Ram Kesh and friend Jyotin Bakshi at about 12 noon. The petitioner was at that time allegedly buying cinema tickets for himself and his wife. Karan Radia along with the petitioner thereafter went to Gurgaon in the petitioner's car as the petitioner wanted to show his office to Karan Radia. At Gurgaon the petitioner is alleged to have called one Shailender who came there but left the office at about 2 p.m. Thereafter, the petitioner called co-accused Vijay who arrived at the office. The petitioner and Vijay allegedly tied up the hands, legs and taped the mouth of Karan Radia in the petitioner's office at Gurgaon and wrapped him in a plastic sheet and put him in the boot of the petitioner's car. They drove to Rewari to the petitioner's Haveli there. After reaching the Haveli, the car was parked inside the compound and the petitioner and Vijay went inside leaving Karan Radia in the boot of the car. Apparently, Karan found an opportunity and escaped through a window at about 6 p.m. It is alleged that Karan Radia removed the tape, etc. and from the boot of the car (Opel Astra) he went inside the passenger compartment by pushing the back seat down and from there he escaped. It is alleged that he tried to contact his aunt but the call did not go through. He is alleged to have taken a lift from one Hari Kishan on a motor cycle to the Taxi Stand at Rewari. He hired a taxi from Rewari to Delhi, which unfortunately broke down at Gurgaon. From an STD booth in Gurgaon, it is alleged that, Karan Radia made a call to his Mausi (aunt) and informed her about his being abducted at about 8.20 p.m. Thereafter, Karan hired another taxi from Gurgaon and reached his residence at about 9 p.m. It is further alleged by the prosecution that the mobile phone of Karan Radia and one pistol with five live cartridges were recovered from the petitioner whereas a wrist watch of Karan Radia and one revolver with five live cartridges were recovered from the possession of the co-accused Vijay. It is also alleged that palm prints of Karan Radia were found from the boot of the car belonging to the petitioner. Co-accused Vijay refused T.I.P. Whereas the present petitioner was well known to the victim's family. It is further alleged that a ransom call was received by Smt. Neera Radia (mother of Karan Radia) at her office landline phone. The voice was that of an unknown male and it is further stated that the call could not be traced as no caller I.D. instrument was installed at the office.

(2.) The learned Counsel for the State opposed the grant of bail on the ground that the petitioner has been charged of offences under Sections 364A/ 365/307/120B/34, IPC and that some of these offences entail life imprisonment. The learned Counsel for the State further submitted that Section 437(1) of the Code of Criminal Procedure, 1973 (hereinafterreferred to as 'Cr.P.C.') mandates that a person shall not be released if there appear reasonable grounds for believing that he is related to an offence which is punishable with death or imprisonment for life. In support of this contention the following judgments of the Supreme Court were referred:

(3.) The learned Counsel for the State further submitted that since the crime is heinous and some of the public witnesses are yet to be examined the prosecution has strong apprehensions that in the event of the release of the accused on bail, there is every likelihood of his influencing the witnesses which would seriously prejudice the case of the prosecution. To substantiate this claim, it is stated that two vital prosecution witnesses turned hostile while co-accused Vijay Kumar was on interim bail from the Trial Court (i.e., the STD Operator Rishi and Taxi Driver Om Prakash of Gurgaon).