STATE Vs. YOGENDER KUMAR

JUDGEMENT

(1.) F.I.R. No. 176/84 came to be registered at police station Roshan Ara, Delhi on 5 6.1981 at 7 P.M. when an information was received that a dead.body, which was ultimately identified to be that of one Vijay Pal was found lying in a Nullah near PWD office. University Area wrapped in a holdall. The body was in a decomposed condition. In connection with the abduction of Vijay Pal a case had already been registered u/s 365 1PC vide F.I.R. 478/84 at Police Station Kashmiri Gate.

(2.) Two of the accused persons Yogender and Dhirender were granted anticipatory bail by Sessions Judge but when bail application for accused Ashok Rathi was moved it was dismissed on 13.9.1984 after observing that the evidence against Ashok Rathi is different than what it was in respect of Yogender and Dhirender accused who were granted bail. The petitioner Ashok Rathi there after moved the present bail application which was heard by D.R. Khanna, J. on 16.10.84, in which a notice was issued to both Yogender and Dhirender as also to the State to show cause why the bail granted to them earlier should not be cancelled.

(3.) I have heard the learned counsel for the parties. Before I proceed further I may make a reference to the observations made by D.R. Khanna J on 16.10.84, which are :