AMIT KUMAR GUPTA & MONU Vs. STATE

JUDGEMENT

(1.) By this petition filed under Section 439 of Cr. P.C., the petitioner seeks bail in a case registered as FIR No. 373/2014 under Section 363/302/201/34 of Indian Penal Code, at Police Station New Usmanpur, Delhi.

(2.) The petitioner is charged with the offences of kidnapping and murdering a five year boy - Vasu Gupta, grandson of the complainant -Ram Chandra Gupta. It is informed by the complainant that on 24.04.2014 in the evening at about 6.30 pm his grandson Vasu Gupta, aged 5 years, medium built, fair complexion, height about 3 ft., wearing black colour T -Shirt and cream colour pant had gone into the street from the house for playing, but did not return back. Search of child was made in the nearby area, but he could not be traced. Accordingly, the FIR in question was registered and investigation started.

(3.) During the course of investigation, on 25.04.2014 vide DD No.11 -A, Police Station Gokalpuri, Delhi, an information regarding dead body of a child, whose description were similar to that of the kidnapped child was received. Father of the child was called in GTB Hospital Mortuary, where the dead body was identified as that of the kidnapped child i.e. Vasu. The suspected uncle of the deceased - Amit Gupta @ Monu was interrogated. His activity from his mobile number 9891203060 was checked and it was found that he was continuously talking to mobile no.9210040738 since 24.04.2014 till the recovery of the dead body of Vasu. During interrogation, the petitioner - Amit Gupta admitted his involvement in the kidnapping for the fulfillment of his lust for money. He admitted that after kidnapping the child, he kept the child in his house and gave him a tab, cold drink with sleeping pills and also admistered him forcibly 'musa ka gul', substance of which, lying in a box was also recovered. During investigation, one hair, some pills, one tab make Samsung, Coca Cola Bottle, one pillow cover with some blood stain were recovered from the house of the petitioner -Amit Gupta.