KAMAL Vs. STATE GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Aggrieved by the order dated 19.10.2015 passed by the learned Additional Sessions Judge-02, South-East, Saket Courts, New Delhi the petitioner has filed the present petition under Section 439 of Code of Criminal Procedure, 1973 seeking bail in a case registered vide FIR No. 493/15 under Section 364/302/201/342/506/323/34 of IPC at Police Station Sarita Vihar, Delhi.

(2.) The present FIR is based on the complaint dated 20.06.2015 made by Mr. Rama Nand Chaudhary (hereinafter referred to as the complainant) stating that his elder son Nitish did not return home and he was lastly seen by a boy named Titoo on 06.06.2015 at about 12.00 PM (at night), who disclosed that Sonu Nagar, Rohit Thakur, Yogesh Dhudiya and Sonu and his brother Thapal were seen with Nitish (son of the complainant). The complainant has alleged that due to quarrel between his son and Sonu Nagar and his brother Thapal, two years back, they became enemy of his son Nitish and confidently alleged that Sonu Nagar and his brother Thapal and their associates Yogesh Dhudiya and Rohit had kidnapped his son and he fears for his life and property from the aforesaid persons.

(3.) Mr. M. Tripathi, Counsel for the petitioner contended that the petitioner has been falsely implicated in the present case and submitted that even for the sake of argument, if the prosecution case is admitted as gospel truth, at best the petitioner can be charged with the offence punishable under Section 201 of IPC. Further, counsel for the petitioner has narrated a different version of the case. Counsel for the petitioner submitted that though the charge sheet in this case has been filed but the dead body of the deceased has not been recovered. It is further submitted that the deceased Nitish was a bad character of the area, habitual offender and is involved in a number of criminal cases and in one case he was declared P.O. and in order to escape from the clutches of law, is pretending to have died and he has falsely implicated the petitioner.