AMIT ALIAS MANDEEP Vs. STATE OF DELHI

JUDGEMENT

(1.) BY this application under section 439, Cr. P.C. petitioner is seeking bail in the case F.I.R. No. 383/2003 under sections 364/302/201/34, I.P.C. P.S. : Paschim Vihar, Delhi. Prosecution allegations are that on 25.5.2003 Ritu Gupta (wife of Sanjay Gupta) lodged a report with regard to missing of his husband, who was taken in the car No. D.L. 3-C.T. 4150 Maruti Zen from the house No. B-3/472, Paschim Bihar, Delhi by the co-accused (Aman Bhardwaj and Mohd. Tayab). Later on Sanjay Gupta was murdered and his dead body was found in Ganga near, Ghaziabad. Prosecution allegations further are that petitioner was present in the house where Sanjay Gupta was murdered by the co-accused and that he helped the co-accused in disposing of the dead body. Prosecution in support of its case examined witnesses Simmi and Puja @ Sanjana. Learned Counsel for the petitioner submits that Simmi has not supported the prosecution case; and while referring to statement of the Investigating Officer (Annexure-B) made on 10.11.2004, learned Counsel argued that Puja @ Sanjana could not produce despite efforts: her whereabouts are not known and her name be deleted from the list of witnesses. It is pleaded that there is no other witness against the petitioner, except above witnesses. Learned Counsel for the petitioner submits that petitioner is in custody for the last more than two years; therefore, he is entitled to bail. Learned A.P.P. for the State opposes the bail on the ground of gravity of offence.

(2.) IN the facts and circumstances of this case, application is allowed. Petitioner is ordered to be released on bail on his furnishing a personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the Trial Court, subject to the condition that petitioner shall not in any way tamper with the evidence and shall not leave Delhi, without prior permission of the Trial Court. Application stands disposed of. Application allowed.