VINEET AGARWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Vineet Agarwal has filed this bail application seeking his released on bail in Crime No.182 of 2006, under Sections 364, 302, 201, 120-B I.P.C., Police Station Ghoorpur, District Allahabad after he has failed to secure the said release from both the courts below.

(2.) The prosecution allegations against the applicant are that the applicant Vineet Agarwal is a A-Grade Contractor. Initially he was a partner in a firm Bansal Highway Constructions. The said firm was partnershiped by Vijay Agarwal, Mahesh Agarwal (the two uncles of the deceased Neeraj Agarwal son of Ram Kumar Agarwal) and the present applicant Vineet Agarwal. In the year 1999 Vineet Agarwal separated from the said firm and started doing his own contractor business. Deceased Neeraj Agarwal was an engineer who had done his M. Tech. from Moti Lal Nehru Engineering Collage, Allahabad. After completion of his degree he had joined said construction company along with his uncle Vijay Agarwal and Mahesh Agarwal. It is alleged by the prosecution that there was a business rivalry between the said construction company and the present applicant regarding taking of contracts. It is the prosecution version that the deceased use to fill the contract tenders because of which the present applicant Vineet Agarwal was not getting the tenders opened in his favour and therefore, he was suffering losses in his business. The prelude to the present incident, according to the prosecution was also embedded in an earlier incident in respect of a tender of Rs. 2 crores in which another uncle of the deceased Suresh Agarwal was shot at.

(3.) So far as present incident is concerned it is alleged that on 11.11.2006 at 6.45 p.m. deceased Neeraj Agarwal was returning to his house from his Maruti Van U.P. 70K 0505 along with his driver Mohan Lal from his hot mix plant situated at Jasra accompanied by Doctor and Shekhar when at 6.45 p.m. a Marshall jeep over took them and by parking it dignally got the Maruti Van of Neeraj Agarwal stopped. Seven or eight persons armed with firearms aged about 25 to 35 years got down from the Jeep, pulled out Mohan Lal driver and Neeraj Agarwal and accosted him to commit his murder. They subsequently pushed Neeraj Agarwal in Maruti Van and abducted him in his said Van. They left the driver and the other accompanying person at the spot. Mohan Lal driver informed the said incident to Vijay Kumar Agarwal informant. The informant immediately inform the other family members and also to the SHO Anjan Kumar Singh. When informant tried to contract Neeraj Agarwal on his Mobile Phone number he was told that he will get the headless body of the deceased next day morning. Sensing that the deceased was abducted for being murdered that the informant Vijay Kumar Agarwal scribed the F.I.R. and lodged it at police station Ghoorpur, district Allahabad as Crime No. 182 of 2006, under Sec. 364, 302, 201, 120-B I.P.C. on 11.11.2006 at 8.05 p.m. one hour and 20 minutes latter the incident against unknown persons.