VIKASH KUMAR Vs. STATE

JUDGEMENT

(1.) Vide this order I shall dispose of the bail application u/s. 439 CrPC filed by the petitioner Vikash Kumar in FIR No. 68/2017 u/s. 364-A/302/201/34 IPC, P.S. Karawal Nagar.

(2.) Ld. Counsel for the petitioner has prayed for bail on the ground that petitioner is innocent and has been falsely implicated. It is submitted by the Ld. Counsel that charge-sheet has already been filed. The material witnesses i.e. the complainant has been examined and the report from FSL has also been filed in above mentioned matter. Nothing incriminating has come against the petitioner but has appeared only against the main accused i.e. Aryan @ Laxman. There is no eye-witness available on record, who saw the petitioner with the deceased boy. It is further submitted that what to talk of role, even name of the petitioner has not appeared in the statement of any of the PWs. Moreover petitioner has not been named in the FIR. The arrest of the petitioner was made solely and exclusively only on the disclosure of main accused and no credible evidence is available on record against the petitioner. No recovery has been effected from the petitioner. As per FIR, the deceased boy had gone behind the Baraat, at Karawal Nagar, Delhi. It is a mystery that who took the boy along with him and killed the boy as no one saw him that time. It is further submitted that FSL result has already come on record and the examination in chief as well as cross-examinations of both the material witnesses i.e. PW 3 Swaran Kumar Mishra and PW 4 Vinod Mishra has been completed on 01.11.2018. It is further submitted that petitioner was arrested by the Police on 24.02.2017 and since then he is in Judicial Custody.

(3.) It is next submitted by Ld. Counsel for the petitioner that as per FIR complainant stated that his son got missing at about 8:00 p.m. in the night of 20.02.2017 from Karawal Nagar, Delhi and in his examination-in-chief as PW-3 on 23.10.2017 he specifically submitted that "she also told me that she had seen her son Andaz lastly at about 7.50 p.m. when baraat was going on near the neighbourhood'. As per disclosure statement, the petitioner took the son of the complainant at about 6.00 p.m. on 20.02.2017. The petitioner is a resident of Chaman Vihar, Ghaziabad, Uttar Pradesh and Karawal Nagar falls in Delhi. Admittedly, deceased went behind the Barat and hence no role can be attributed to the petitioner. It is further submitted that in the examination-in-chief as well as in cross-examination of vital witness PW-13 Abhishek Kumar, only role of co-accused Aryan @ Laxman has come on record and not that of the petitioner and this witness has specifically deposed in the cross-examination that he did not know accused Vikas.