RAJI Vs. STATE

JUDGEMENT

(1.) The petitioner has applied for being admitted to bail in a case punishable under Sections 302/211/34 IPC.

(2.) The prosecution case is that on 13th November, 1995, the complainant reported that his son Yogesh about five years old was missing since 10th November, 1995 when he was playing on the road near jhuggi. The next day he got another statement recorded with the police stating that a few days back Raju who was residing in a jhuggi in the same area, while under the influence of liquor, had pushed his wife at which there was an altercation with Raju and he had also slapped Raju twice. Raju feeling insulted had threatened to take revenge upon the complainant and on 10th November, 1995, at about 9/9.30 p.m. when he was looking for his son, Raju and his friend Vir Pal came there and when the complainant informed them about his missing son and about his intention to lodge a report Raju and Vir Pal persuaded him not to lodge a report with the police as the police would not do anything and they joined the complainant in looking for the boy. However, when the boy could not be traced, the complainant lodged a complaint with the police on 13th November, 1995, whereafter Raju, Vir Pal and the petitioner were allegedly not seen by anybody.

(3.) The complainant suspected that his son had been killed by Raju and his associates on which Raju and Vir Pal were arrested. Both of them have alleged to have admitted their having committed the crime and made a disclosure statement, whereafter the petitioner was also arrested. Body of Yogesh has not been recovered till date. Statement of one Chunni Lal, a three-wheeler scooter driver was recorded by the police on 16th November, 1995, who is alleged to have identified the three accused, including the petitioner, and it is stated that they had hired his scooter and carried them to Yamuna Bridge.