MOHAMMAD AADIL Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner is an accused in case registered vide FIR No.14 of 2021 dtd. 4/2/2021 at Police Station, Barmana, District Bilaspur, H.P. under Ss. 302, 201 and 34 IPC. Petitioner is in custody since 5/2/2021.

(2.) As per the case of respondent, on 4/2/2021, a telephonic information was received at Police Station, Barmana, District Bilaspur, that an un-identified dead body was lying between places 'Delag and Dali'. On such information, a police party reached the spot. Subsequently, the SHO, Police Station, Barmana also reached the spot and conducted preliminary investigation. Statement of Arvind Kumar Sharma was recorded under Sec. 154 Cr.P.C., who had seen the dead body lying on the spot along with other local residents. On further investigation, one 'Aadhar Card' bearing name of Mohammad Aadil was found in the vicinity where the dead body was lying. The details mentioned in the said 'Aadhar Card' were tracked, which revealed that the person named in the 'Aadhar Card' belonged to a place 'Mohalla Islam Nagar, Kasba Patiyapada, Thana Chandpur, District Bijnor, U.P.". It also transpired during investigation that a missing report with respect to a person named Ram Raj was recorded at Police Station, Nayi Mandi, Muzaffarnagar on 1/2/2021 and in the course of inquiry on such report, a person with a female had been tracked on the basis of CDRs. It was further informed by the officials of Police Station, Nayi Mandi, Muzaffarnagar that the person and female rounded off by them along with a few other persons, were being brought to Police Station, Barmana, District Bilaspur for identifying the dead body found on 4/2/2021 within the jurisdiction of said Police Station. The person along with female brought by the police from Police Station, New Mandi, Muzaffarnagar were identified as Mohammad Aadil (petitioner) and Farrah @ Tamanna (the other co-accused in the case). They were accompanied by the other persons, one of whom, was the brother of Ram Raj. All of these persons identified the dead body, found between 'Delag and Dali' on 4/2/2021, to be that of Ram Raj. On further investigation, it was found that the petitioner and Farrah @ Tamanna in furtherance of their common intention had caused death of Ram Raj by causing injuries on his person with an iron hammer at place near Namol Barot, P.O. Baroti, Tehsil Sundernagar, District Mandi. The body of Ram Raj was then carried in a vehicle (Alto Car) No. HP-21A-5999 up to the place between 'Delag and Dali', where the same was ultimately found on 4/2/2021.

(3.) It has been contended on behalf of the petitioner that the petitioner is in custody for the last more than 2 years and five months. The charges were framed by the learned trial Court on 28/3/2022 and thereafter only one prosecution witness has been examined out of a long list of 50 prosecution witnesses. Statement of second prosecution witness was partly recorded on 14/11/2022 and thereafter the same has not been completed till date. As per the petitioner, his right to speedy trial has seriously been prejudiced and in these circumstances, he is entitled to bail.