SHASHIKANT @ CHUNCHUN GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, and the learned A.G.A.

(2.) This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Shashikant @ Chunchun Gupta, seeking enlargement on bail during trial in connection with Case Crime No. 862 of 2019, under Sections 394 , 302 , 411 I.P.C. and 3(2) (v) S.C. / S.T. Act , registered at P.S. Akbarpur, District Kanpur Dehat.

(3.) Learned counsel for the applicant argued that occurrence in the present matter is alleged to have taken place on 28.10.2019 at about 22:00 hrs for which an F.I.R was lodged on 29.10.2019 at about 11:01 a.m. against unknown persons. The distance between the place of occurrence and the police station is 8 kms. only. The delay in lodging of the same is too much and unexplained. The version in the F.I.R as coming forward is that Roshni @ Rashmi the daughter of the first informant who is the deceased was sleeping in the house after having dinner, she received some telephone call on her mobile at about 10:00 p.m. after which she went out of the house for the call of nature. When Ranjeet the son of the first informant came back to house he did not find the deceased on her bed and then he woke other family members on which a search was conducted and the girl was found in an injured condition lying near the boundary wall of the Panchyat Ghar. It has further been mentioned in the F.I.R that the deceased was having a mobile no. 7237884965 which has been taken by the unknown persons who have committed the incident. The daughter of the first informant who is the deceased is aged about 21 years. If has further been stated that on 28.10.2019 Rishi Kumar was interrogated by the Investigating Officer who gave some clue about the incident and stated that his mobile was given to the present applicant as there were some dues on him on which the applicant was searched for but could not be found and subsequently, he was arrested on the same day and he gave his confessional statement to the police mentioning therein that the deceased had called on the mobile which was in his possession and belonging to Rishi Kumar. The said document is Annexure- 4 to the affidavit. Subsequently, it is alleged that certain recoveries have been done on 30.10.2019. The recovery memo being Annexure- 7 to the affidavit and on the pointing out of the applicant the police has recovered some clothes buried in a polythene pack behind a hotel which belonged to the applicant himself which are said to have been worn by him at the time of occurrence had blood stains which were subsequently washed by the applicant, a mobile phone without sim and a farsa allegedly used in the incident.