LAWS(ALL)-2007-1-125

DEVENDRA ALIAS DEO Vs. STATE OF U P

Decided On January 24, 2007
DEVENDRA ALIAS DEO Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) -This application has been filed by the applicant Devendra alias Deo with a prayer that he may be released on bail in Case Crime No. 234 of 2006 under Sections 302, 394, 201 and 412, I.P.C. P.S. Kotwali Dehat, district Saharanpur.

(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Chet Ram on 29.6.2006 at about 9.30 a.m. in respect of the incident which had been committed on unknown time in Mahadeo Colony, the distance of the police station was about 1 km. from the alleged place of occurrence. In the F.I.R. neither the applicant nor any other person has been named as an accused. It was lodged against unknown miscreants. It is said that the dead body of the deceased was lying on roadside in Mahadeo Colony, Saharanpur. THEreafter the dead body was identified and an application was given by Sunil Kumar on 30.6.2006 at about 4.00 a.m. alleging therein that that his son deceased Himanshu had gone in the company of the applicant and co-accused Siddartha on 28.6.2006 at about 8.30 p.m. from a motorcycle of Bajaj Caliver No. U. P. 11 K8 302. THE deceased has given a telephonic message in the night to his father that a quarrel had taken place with him. THEreafter, the phone was disconnected. THEreafter, the search of the deceased was made by his father who went to the house of the applicant and other co-accused Siddhartha also, but the deceased could not be traced out and no satisfactory reply was given by the applicant's family but in the morning in a news item alongwith the photo of the deceased was published in Dainik Jagran news papers seeing the same the father of the deceased came to know that his son has been killed, went to the police station. According to the post mortem examination report the deceased had received 11 ante mortem injuries in which injury No. 1 was lacerated wound, injury No. 3 was traumatic swelling and remaining injuries were incised wounds. During investigation the motorcycle of the deceased was recovered from the possession of the applicant. He was apprehended by the police on 7.7.2006, when he was going on by the motorcycle of the deceased.

(3.) IN reply of the above contentions, it is submitted by the learned A.G.A. that the deceased had gone in the company of the applicant. He had given a telephonic message to his father that a quarrel had taken place between them. Thereafter, the phone was disconnected and from the possession of the applicant the motorcycle of the deceased was recovered. The chain of the circumstances is complete showing the involvement of the applicant in the commission of the offence. During investigation the motive of committing the alleged offence has come forward. IN case the applicant is released on bail he may tamper the evidence also.