SUBHASH BAGRI Vs. STATE OF HARYANA

JUDGEMENT

(1.) SUBHASH Bagri, the petitioner has approached this Court under Section 439 of the Code of Criminal Procedure (hereinafter referred to as the Code) seeking bail in a case bearing F.I.R. No. RC-28(s)/94-CHS registered under Section 364 I.P.C. by the Central Bureau of Investigation, at Chandigarh. Offences punishable under Sections 302/346/201 read with Section 120-B I.P.C. have been added later on in view of the order dated October 1, 1997 passed by the Sessions Judge, Ambala.

(2.) THE facts necessary for the disposal of this petition are that Smt. Sushil Kumari was posted as Junior Lecturer in the Government Senior Secondary Girls School, Hissar. For the Board examination of 10+2 Standard to be held in March, 1993, she was deployed to perform the duties of an invigilator.

(3.) IT is alleged that during night of 30.11.1993, the petitioner alongwith Salender Bishnoi, Kuldip Godara, Joginder Tiger and Constable Mukesh Kumar assembled in a building known as 'Raj Mahal' at Hissar and hatched a conspiracy for abduction of Smt. Sushil Kumari. In pursuance of the said conspiracy, these five persons along with one another who is alleged to be a friend of the petitioner reached under the bridge on 1.5.1994 at 5.30 A.M., in a Maruti van of red colour belonging to some Bania of Hissar. The vehicle was being driven by Joginder Tiger. When Smt. Sushil Kumari was entering the school gate, she was called through a girl student. When she came out, she was pushed into the vehicle and taken to the building known as 'Raj Mahal' and kept there upto the morning of 3.5.1993. On that day at about 8.00 or 8.30 A.M. she was made to sit in the van on the pretext of releasing her. This time, Constable Mukesh Kumar is stated to be driving the vehicle towards Sirsa road. Joginder Tiger was sitting besides him on the front seat. It is alleged that the petitioner strangulated Smt. Sushil Kumari with her scarf. Salender, Kuldip, and the friend of the petitioner helped the petitioner in strangulating Sushil Kumari. The dead body of Sushil Kumari was thrown in Badopal canal which is 37/38 kilometres away from Hissar.