YASH RAJPUT Vs. STATE NCT

JUDGEMENT

(1.) THE petitioner who is in custody since 14th April, 2007 and is accused of murdering Deepak Gupta who was allegedly having an affair with Bhawna Rajput, petitioner"s sister, is seeking bail. Charges had been framed in the case and the case is stated to be listed before the trial Court on 15th, 16th and 17th September, 2008. The bail application No. 599/2008 was filed by the petitioner, which was disposed of by order dated 28th April, 2008 by this Court directing the petitioner to apply for bail in the first instance before the trial Court, after recording of evidence of Ms. Bhawna Rajput and Mr. Sandeep Aggarwal.

(2.) THE petitioner along with Rajneesh Dahiya and Yashu Saini applied for bail in S. C No. 157/2007, State v. Rajnish Dahiya and Ors. By order dated 28th july, 2008 Rajneesh Dahiya and Yashu Saini have been admitted to bail on their furnishing personal bonds in the sum of Rs. 50,000/- each with one surety each of the like amount. However, the bail application of the petitioner has been dismissed.

(3.) THE learned counsel for the petitioner has pointed out the discrepancies between the time of death as indicated in the post mortem report and the other statements. The learned counsel for the petitioner has emphasized that there are no finger prints and strangulation marks and no recovery has been made. It is also contended that major witnesses have not supported the prosecution version and even the sister of the accused who was allegedly having an affair with the deceased has retracted from her statement. It is also stated that there is no ill will among the two families and in the circumstances it is prayed that the petitioner be released on bail.