DINESH SINGH RATHORE Vs. STATE OF U P

JUDGEMENT

(1.) -This bail application has been filed by the applicant Dinesh Singh Rathore with a prayer that he may be released on bail in Case Crime No. 376 of 2007 under Sections 394, 302 and 411, I.P.C. P. S. Govind Nagar, District Kanpur Nagar.

(2.) THE prosecution story in brief of this case are that the F.I.R. of this case has been lodged by Shailendra Kumar Sethi on 31.7.2007 at 8.10 p.m. against the unknown miscreants alleging therein that he got a telephonic message that his mother has been killed, then he came to his house and saw that his mother was lying on a pillow in a dead condition. Her mouth and hands were tied with clothes. According to the post mortem examination report the deceased had sustained five ante mortem injures. THE cause of death was due to ante-mortem strangulation. During investigation it has been stated by witnesses that Motorola Cell Phone No. 9919350659 of the deceased, two ladies wrist watches of titan company and one camera have also been stolen by the miscreants. Some other articles were also stolen. THE applicant alongwith co-accused Suresh Singh alias Pappu and co-accused Santosh Kumar had been apprehended by the Police on 20.8.2007. THEy made a confessional statement and from the possession of the applicant one mobile Motorola Cell phone, one ladies wrist watch of titan company have been recovered and from the possession of the co-accused Suresh Singh one ladies wrist watch of titan company has been recovered and from the possession of the co-accused Santosh Kumar the stolen camera has been recovered. During the course of recovery the first informant and his father Bihari Lal Sethi also came at the place of occurrence and identified all the recovered items. During investigation the I.O. has collected the call details of the phone recovered from the possession of the applicant.

(3.) IN reply of the above contention, it is submitted by learned A.G.A. and learned counsel for the complainant that in the present case the Motorola Cell phone has been recovered from the possession of the applicant which is stolen property, the applicant has used the Cell phone of the deceased, it was kept in surveillance and there are call details also. The applicant is having criminal antecedent. IN the present case eight witnesses have been examined. There is likelihood of conclusion of the trial in near future and the case of the applicant is distinguishable with the case of other co-accused who has been released on bail, therefore, the applicant may not be released on bail.