SANJAY VERMA Vs. STATE

JUDGEMENT

(1.) HEARD Sri V.P. Srivastava, Senior Advocate, assisted by Sri Lav Srivastava, learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the case diary.

(2.) THIS bail application has been filed by the applicant Sanjay Verma with a prayer that he may be released on bail in Case Crime No. 30 of 2011, under Sections 147, 148, 149, 302, 201 I.P.C., Police Station Kayamganj, District Farrukhabad.

(3.) IT is contended by learned counsel for the applicant that in the present case, the F.I.R. has been lodged under Sections 363, 366 I.P.C. against one of the deceased namely Gudda by the applicant, in which the sister of the applicant was kidnapped. The deceased Km. Priya Verma was having love affairs with Gudda alias Nazim and both were major. They performed their marriage. They challenged the F.I.R. lodged under Sections 363, 366 I.P.C. by way of filing Criminal Misc. Writ Petition No. 4605 of 2011 in which their arrest was stayed and the deceased Km. Priya Verma had also appeared before the Division Bench of this Court, where she stated that she had performed the marriage with her free will. When it was revealed to the applicant, then both the persons were intercepted by the applicant and his relatives. They were taken to Kannauj, Farrukhabad, Jaipur and again to Farrukhabad where they were persuaded not to have the relationship but they were not agreed, as a result of which both the persons were done to death. Their dead bodies were thrown in Kali river. In the present case, the I.O. did not make any search of the deceased Gudda alias Nazim. On 27.1.2011, the dead body of the deceased Km. Priya Verma was recovered from Kali river which was identified by the applicant. Its inquest report was prepared on 27.1.2011 and postmortem examination was conducted on 28.1.2011 but the dead body of the deceased Gudda alias Nazim was not recovered whereas in order by which the bail application of the applicant has been rejected by the learned Sessions Judge, Farrukhabad, it is mentioned that dead body of the deceased Gudda alias Nazim has been recovered from district Barabanki. In the present case, the applicant has been implicated on the basis of call details also. Co-accused Umesh Yadav and Manoj Verma have also been made the accused in the present case. It is alleged that they have made their confessional statements before the police. The prosecuting agency is relying upon the call details of Cell Phone No. 9005508377 of the accused Umesh Yadav who had talked with Manoj Verma on Cell Phone No. 9415430953 in the night of 26/27.1.2011. The location of Cell Phone of Umesh Yadav was found near the place of dead body of the deceased Km. Priya Verma. Except motive, there is no evidence against the applicant. There is no eye witness account. The applicant is innocent but he has been falsely implicated in the present case on the basis of doubt and suspicion. The co-accused Manoj Verma has been released on bail by another Bench of this Court on 8.7.2011 in Criminal Misc. Bail Application No. 17733 of 2011 and co-accused Gaurav Verma has been released on bail on 6.7.2011 in Criminal Misc. Bail Application No. 17277 of 2011. The case of the applicant is also based on similar footing with the case of co-accused Manoj Verma and Gaurav Verma who have been released on bail, therefore, the applicant is also entitled to get the benefit of parity.