BADRUDDIN Vs. STATE OF UP

JUDGEMENT

(1.) Prayer for bail in both these applications has been made on behalf of applicants-accused Badrddin s/o Fakruddin and Mehraj s/o Mahtab, in case crime no. 190 of 2008, under sections 147, 148, 149, 364, 302, 201, 404, 414 IPC and Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Kotwali, District Meerut. Since both the bail applications have been filed in the same case, hence for the sake of convenience, these applications are being disposed of by this common order, which shall form part of the record of Crl. Misc. Bail Application No. 20782 of 2009 and copy thereof will be kept in the record of Crl. Misc. Bail Application No. 20783 of 2009. The papers are being referred in this order from the record of Crl. Misc. Bail Application No. 20782 of 2009.

(2.) Three dead bodies were found lying on 23.05.2008 in esteem car near Hindan river under the jurisdiction of P.S. Balaini, District Baghpat. After identifying the dead bodies, an FIR was lodged at P.S. Balaini against unknown persons on 23.05.2008 at 12.45 p.m. by the complainant Anil Kumar s/o late Raj Pal Singh, who was posted in Special Cell of Delhi Police. The averments made in the FIR, in brief, are that Sunil Dhaka, younger brother of the complainant along with his companions Puneet Kumar Giri and Sudhir Kumar had gone to Sitaram Hostel Meerut at about 10.00 p.m. on 22.05.2008. When Sunil Dhaka did not come back to home, search for him was made in the night. In the morning of 23.05.2008, the complainant came to know that dead body of Sunil Dhaka is lying in white colour esteem car, which he (Sunil) had taken from his friend Deepak Sharma. On this information, the complainant and other persons reached at the place, where the car was standing and saw that the dead body of Sunil Dhaka was lying in between front and rear seats and in diggi of the car, dead bodies of Sudhir Kumar and Puneet Kumar Giri also were lying. It is further averred in the FIR that the complainant is posted in Special Cell of Delhi Police and Sri Krisn Giri, uncle of Puneet Kumar Giri, is also posted in Delhi Police as Incharge Special Cell and there is apprehension that due to enmity, some miscreants after abducting the deceased persons have committed their murder by causing them injuries by firearm and sharp edge weapons and their dead bodies have been left there in the vehicle.

(3.) Entry regarding registration of the case was made in G.D. No. 33 at 12.45 p.m. on 23.05.2008 at P.S. Balaini District Baghpat. After conducting inquest proceedings of the dead bodies, the post-mortem examination was also got conducted on the same day i.e. 23.05.2008.