BABBU SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 439 of the Criminal Procedure Code for grant of bail in FIR No. 208/2004 under Section 394,397,302/34 of IPC, Police station Naraina, New Delhi. The petitioner has contended that he is innocent and a peace loving citizen and all the allegations made against him are prima facie false, fabricated and doctored. This is the first bail application before the high Court. The chargesheet was filed against the petitioner under Section 302/34 and 397 of IPC.

(2.) THE petitioner contended that he had filed a bail application before the additional Sessions Judge which was, however, dismissed on 14th December, 2005. The petitioner has sought bail on the ground that no prima facie case is made out against him and a co-accused, Sachin Jaiswal was discharged from all the charges by order dated 10th February, 2005 and another accused Chandrika prasad @ Budhai Yadav was granted bail by order dated 6th May, 2008 in Bail application No. 407/2008. It is contended that out of 22 chargesheet witnesses, the prosecution has examined 16 witnesses to prove its case and the testimonies of the witnesses already recorded have very vital and material contradictions and fatal discrepancies. It is contended that the recovery of weapons of crime is unnatural, concocted and unbelievable. The learned counsel for the petitioner has contended that there has been improvement in the version in as much as PW. 5 HC Subhash had not assigned any specific role to the petitioner in his statement under Section 161 of the criminal Procedure Code and the allegations against the petitioner in the FIR are also not specific.

(3.) THE case of the prosecution is that constable Subhash who was posted in naraina was deployed in Z Block, Loha Mandi as a beat constable. He was patrolling near Naraina Vihar Railway Station when he heard the sound of firing and when he reached the place one person was found lying on the railway track and another person after snatching the bag was running towards Y block crossing of the railway line. He was chased by the said person. Three of the colleagues of the person who had snatched the bag had fled to other side, however, the petitioner was caught with the bag.