JAGVENDRA ALIAS BABLOO Vs. STATE OF U P

JUDGEMENT

(1.) BEING ag grieved by the order of refusal of bail dated 18.11.2008 passed by learned Additional Sessions Judge, Court No. 1, Bijnor, applicant-Jagvendra alias Babloo being prose cuted in Case Crime No. 1296 of 2008 un der sections 147, 148, 364, 302, 201, 120-B and 404/34 I.P.C., Police Station Najibabad, District Bijnor has preferred instant bail application before this Court. Heard Sri P.N. Mishra, learned senior Counsel for the applicant and Sri Mohd. Afzal, learned Counsel for the complainant as well as learned AGA for the State and perused the material placed on the record. The background facts of the prosecu tion case in nutshell are as follows:

(2.) ON 19.7.2008 at about 2 P.M., the husband (Purshottam alias Jolly) of the first informant Smt. Mamta Tayal left his house on his motorcycle No. U.P.-20 P-9919 TVS Star and thereafter he remained untraceable. The F.I.R. was lodged on 20.7.2008 at about 12.50 hours under section 364 I.P.C at police outpost Sarai of Police Station Na jibabad, District Bijnor. In F.I.R. she ex pressed her suspicion against non-applicants, namely, Dr. Manish, Ajai Ma-heshwari, Vijai Maheshwari, Vijai Prakash Agrawal, Rajiv Maheshwari, Ashok Kumar and Rakesh Pahalwan as there was some litigation between her husband and these people who were putting pressure upon per husband to compromise. Therefore, the motive behind the abduction and killing was property dispute and pending civil and criminal litigations between the par ties. The case was later on converted to sections 147, 148, 364, 302, 120-B, 201 and 404/34 I.P.C.

(3.) THE statement of Sukhjinder Singh resident of Taharpui;, Police Station Najib abad, District Bijnor was recorded on 1.8.2008 under section 161 Cr.P.C. He is alleged to have given an eye-witness ac count of the alleged assault on Purshottam alias Jolly (deceased). He has stated that he was going to Najibabad by a bus, as he has to meet one persons of Mohalla Moti Na-gar, but he alighted near Agrawal Petrol Pump from the bus and proceeded on foot on Vijai Nagar Road. When he reached near the house of co- accused Dr. Manish where at about 7.30 P.M. or 8.00 P.M., the shrieks coming from house of Dr. Manish attracted him and he went there and started to peep from the window and saw that two snake charmers were trying to get a person bitten by snake. However, when that did not have successful effect, co-accused Ajeet Chauhan picked up a bat and struck at the deceased on his head and he further saw that both the snake charm ers, namely, Narveer and Mohan, Dr. Manish, Ajeet Chauhan, Rakesh Pahalwan, Rajesh and the applicant were present there. He has further stated that while the sna'ke charmers were getting the deceased bitten by the snake, the other co-accused including the applicant were catching holding and pressing the deceased on the floor. He has further stated that after the incident at about 8.00 P.M. the deceased was carried away in Inova car and since he was afraid, he went back to his Village Ta-harpur and did not disclose to anyone re garding the facrurn of incident.