AJAY KUMAR GUPTA Vs. U.T. OF J&K

JUDGEMENT

(1.) Applicants, through the medium of the above titled application under Sec. 483 of BNSS, 2023, seek grant of bail in a case titled 'State of J&K Vs. Ajay Kumar Gupta & Anr.', pending disposal before the 1st Additional Sessions Court, Jammu, arising out of a case, registered at Police Station Gangyal, Jammu vide FIR No. 89/2018, for commission of offences punishable under Ss. 302/201/34 RPC.

(2.) From the perusal of the charge-sheet, facts of the case, shorn of minute details, are that on 11/10/2018, Samba Police received an information through reliable sources that one unidentified male dead body with injuries on neck caused by some sharp edged weapon, was found lying at Taloot Yard on Sumb Link road; that on the basis of this information, a case vide FIR No.368/2018 was registered at PS Samba; that during the course of investigation, IO got conducted photography of the scene of crime, prepared the site plan, took dead body in police custody, seized blood stained soil, that polythene and lady salwar (Capri) in which the dead body was wrapped and one pair of chappal; that on 13/10/2018, one Ranjit Singh S/O Fakir Singh R/O Babliana along with some others approached Police Station concerned and identified the deceased as his brother Dalbir Singh @ Sunny S/O Fakir Singh R/O Babliana Tehsil and District Jammu; that the dead body was handed over to said Ranjit Singh for performing the last rites after conducting the post-mortem; that a Special Investigating Team (SIT) was constituted, who recorded statements of witnesses U/S 161 and 164-A CrPC, interrogated the suspect namely Ajay Kumar Gupta S/O Madan Lal Gupta R/O Gangyal.

(3.) On further investigation, it revealed that said deceased Dalbir Singh @ Sunny had illicit relations with one girl namely Shivani Gupta D/O Ajay Kumar Gupta, but was betrothed with one Kuldeep Mahajan R/O Jhiri and their marriage was fixed for 12/12/2018, but said Dalbir Singh @ Sunny, being jilted, was not happy with the said marriage; that on 10/10/2018 at about 1317 hrs, when the said Dalbir Singh @ Sunny entered the house of Ajay Kumar, and Ajay Kumar, with criminal intention to murder, attacked upon him with scissors, Kunda, Danda and iron rod; that after a while, Sushma Gupta W/O Ajay Kumar, Vishal Gupta S/O Ajay Kumar Gupta, Shivani came on spot and assaulted deceased with intention to kill him, loaded the dead body of the deceased during night hours in a vehicle after wrapping the head of the dead body with Salwar/Capri and dumped it at Taloot Yard; that they also threw the weapon of offence i.e. Kunda Danda and one Jute Bag somewhere on Sumb Road.