RAJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by the applicant Raj Kumar with a prayer that he may be released on bail in Case Crime No. 210 of 2006 under Sections 364, 302, 201, 120B, P.S. Sashni Gate, district Aligarh.

(2.) The prosecution story in brief is that the F.I.R. of this case has been lodged by Captain Dr. Dinesh Kumar Sharma on 7.7.2006 at about 6.15 a.m. in respect of the incident which had occurred on 1.7.2006 at about 6.00. The applicant and four other co-accused persons are named in F.I.R. It is alleged that the deceased Prabhat Sharma alias Prince had gone from his house at about 6.00 a.m. on 1.7.2006 to play the game of cricket. He had gone in the company of the applicant and four other co-accused, who had come to the house of the deceased to call him. But he did not return after a considerable period then his search was made by the first informant and his family members. The first informant went to the house of the applicant and four other co-accused to know the whereabouts of the deceased but the applicant and other co-accused did not meet the first informant and nothing was disclosed by their family members. In such circumstances, he drew the conclusion that the deceased has been murdered by the applicant and other co-accused persons and his dead body has been concealed. Thereafter, the F.I.R. was lodged by the first informant on 7.7.2006 at 6.15 a.m., on the same day at about 1.30 a.m. the applicant, co-accused Dileep Gautam, co-accused Vishal and co-accused Amit wee apprehended by the police. They confessed before the police and stated that the deceased has been murdered by them, thereafter his dead body had been buried in a pond and the same could not be recovered by them, at their pointing out the dead body was taken out from a pond. They also stated that the deceased has been murdered in furtherance of conspiracy hatched by them. In the conspiracy Km. Poonam Gautam the sister of the co-accused Dileep Gautam and Smt. Krishna Gautam were also involved. The deceased has been murdered with the intention to usurp the house of his father. It has been stated by the applicant and other co-accused that the deceased has been murdered by way of strangulation. According to the post-mortem examination report the cause of death was due to ante-mortem strangulation.

(3.) Heard Sri V. P. Srivastava, learned senior counsel assisted by Sri Akhilesh Srivastava. learned Counsel for the applicant, learned A.G.A. and Sri Amit Daga, learned Counsel for the complainant.