RAM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) -Ram Chandra has filed this bail application seeking his release on bail under Section 439 (1), Cr. P.C. after losing from both the courts below in Crime Number 111 of 2005 under Sections 323, 504, 506, 436, 452, 201, 120B, 376 and 302, I.P.C., Police Station Ghanghata district Sant Kabir Nagar.

(2.) THE prosecution case against the applicant as is perceptible from the F.I.R. (Annexure-1), lodged by Smt. Murati Devi, (widow of Ram Chandra) informant on 21.4.2005, at 4 a.m., at P.S. Ghanghata district Sant Kabir Nagar, which was registered as Crime Number 111 of 2005 under Sections 323, 504, 506, 436, 452, 201, 120B, 376 and 302, I.P.C., are that on the intervening night of 20/21.4.2005 she came out of her house on hearing the shout of thief when Virendra Singh, Amar Nath Pradeep, and the present applicant Ram Chandra entered into her house saying that her daughter Roma is a debauch and that they had come there after murdering Harish Chandra son of Vishram. THE informant pleaded that her daughter is very chaste but she was assaulted by Pradeep and Verendra and thereafter the miscreants abducted Roma from the back door of the house. THEy pushed informant and the two daughters of Roma namely Ambika and Anchal aged about 9 and 6 years respectively and also bolted the door of the house from outside. After this informant heard shrieks of Roma that she was being raped and she was crying for help. As it was night no body came to her rescue. THE accused set Roma, to fire and made their escape good threatening informant that if she will not leave the place she will also be burnt to death. Roma died because of burn injuries and the household articles of the informant were also burnt. THE informant got the F.I.R. scribed through Shatrughan and lodged it at the police station as has been mentioned above. THE autopsy report of Roma, the deceased was performed on 21.4.2005 (Annexure-2) showed that her body was extensively burnt and the cause of her death was ante-mortem burn injuries. However no opinion about rape could be given as the body was badly burnt. On the said allegations that counsel for the applicant has applied for the release of the applicant on bail.

(3.) LEARNED A.G.A. contrarily submitted that the accused is one of the main assailant who is guilty of gang rape and murder of an innocent lady in the most gruesome manner and she was charred to death by burning her. There is an eye-witness account for the same and the remand order does not require any detailed order and the same was passed in accordance with law and only fifteen days remand were granted and in this respect he pointed out to annexure appended alongwith the supplementary-affidavit and the remand date sheet sent to him by the Investigating Officer alongwith the instructions on this bail application. He contended that the accused does not deserve to be released on bail and his bail application deserves to be dismissed.