VIKAS BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) This bail application has been moved on behalf of the applicant Vikas Bahadur who is involved in Case Crime No. 225 of 2012 under Sections 306 and 201 I.P.C., Police Station Chandpur, District Bijnor.

(2.) The brief facts of the case are that an incident of abduction in order to murder was allegedly committed on 5.5.2012 in respect of a woman Gayatri Devi. Her father Rajendra Singh had informed the police of Police Station Kotwali Chandpur, Bijnor on 6.5.2012 but such information was confined to the admitted case of suicide and carrying the victim in a vehicle by the applicant and his friend to a doctor. Since there was no direct allegation of commission of a crime, no F.I.R. was lodged on the basis of such information. On 11.5.2012 after collecting certain facts in order to trace out the missing lady it appeared to the police that it may be a case under Section 364 I.P.C. and, therefore, the case was converted into an F.I.R. at Case Crime No. 225 of 2012. In the meanwhile on 10.5.2012 one Ashok Kumar, paternal uncle of the victim, approached the court of Chief Judicial Magistrate, Bijnor with an application under Section 302/201/376 I.P.C. against the applicant and his associate Ritesh Kumar. Under the orders of the court another F.I.R. at Case Crime No. 225A of 2012 under Section 302/201 I.P.C. was lodged at the same police station. On 11.6.2012 Smt. Murti Devi, grand-mother of the applicant, moved another application before the Chief Judicial Magistrate, Bijnor against four persons namely Ashok Kumar, Yogesh Kumar, Amar Singh and Rohitash with allegations under Section 302/201/376 I.P.C. On the basis of such application another F.I.R. was lodged at Case Crime No. 225B of 2012 under Section 302/376/201 I.P.C. It should be mentioned here that the deceased Gayatri Devi was a tenant in a portion of the house of Smt. Murti Devi and the applicant Vikas Bahadur and his associate Ritesh Kumar were also living in the same building but in some other part of it. The matter was investigated and after investigation the I.O. was of the opinion that the deceased, who was a separated woman, had illicit relationship with the applicant. He was also of the opinion that in the same village another widowed lady also lived and the applicant had illicit relationship with that woman also who became pregnant due to this illicit relationship with the applicant. When such fact came to the knowledge of so many persons of the village and also to the knowledge of the deceased, the deceased protested and, therefore, she was mercilessly beaten up by the applicant upon which the humiliated lady consumed some poisonous substance. Admittedly she was taken to a doctor namely Dr. Shrawan Kumar who advised the applicant and his associate to take Gayatri Devi to a better hospital as it was not possible for Dr. Shrawan to deal with the case. The I.O. also found that thereafter the applicant and his associate took the deceased to some unknown place and since then Gayatri Devi or her dead body has not been recovered as yet. In the above circumstances, a chargesheet under Section 306/201 I.P.C. was filed against the applicant.

(3.) Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. and perused the material available on record.