Sanjay Verma vs State Of U.P.
2011 Latest Caselaw 3432 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

A.F.R.
 
RESERVED
 
CRIMINAL MISC. BAIL APPLICATION NO. 18043 OF 2011.
 
Sanjay Verma Vs. State of U.P.
 
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Hon'ble Ravindra Singh, J.

Heard Sri V.P. Srivastava, Senior Advocate, assisted by Sri Lav Srivastava, learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the case diary.

This bail application has been filed by the applicant Sanjay Verma with a prayer that he may be released on bail in Case Crime No. 30 of 2011, under Sections 147, 148, 149, 302, 201 I.P.C., Police Station Kayamganj, District Farrukhabad.

The facts in brief of this case are that the F.I.R. has been lodged by applicant Sanjay Verma on 19.1.2011 at 8.10 A.M. in respect of the incident allegedly occurred in the night of 18/19.1.2011. The F.I.R. has been lodged against Gudda alleging therein that sister of the first informant namely Km. Priya Verma, student of B.A. IIIrd year, aged about about 17 years was enticed by accused Gudda and taken away to somewhere. Search was made but no whereabout could be known. It was apprehended that he may perform marriage with Km. Priya Verma, thereafter both Km. Priya Verma and Gudda have been killed. In its murder, the applicant has been made the accused. The applicant applied for bail before the learned Sessions Judge, Farrukhabad who rejected the same on 24.5.2011.

It is contended by learned counsel for the applicant that in the present case, the F.I.R. has been lodged under Sections 363, 366 I.P.C. against one of the deceased namely Gudda by the applicant, in which the sister of the applicant was kidnapped. The deceased Km. Priya Verma was having love affairs with Gudda alias Nazim and both were major. They performed their marriage. They challenged the F.I.R. lodged under Sections 363, 366 I.P.C. by way of filing Criminal Misc. Writ Petition No. 4605 of 2011 in which their arrest was stayed and the deceased Km. Priya Verma had also appeared before the Division Bench of this Court, where she stated that she had performed the marriage with her free will. When it was revealed to the applicant, then both the persons were intercepted by the applicant and his relatives. They were taken to Kannauj, Farrukhabad, Jaipur and again to Farrukhabad where they were persuaded not to have the relationship but they were not agreed, as a result of which both the persons were done to death. Their dead bodies were thrown in Kali river. In the present case, the I.O. did not make any search of the deceased Gudda alias Nazim. On 27.1.2011, the dead body of the deceased Km. Priya Verma was recovered from Kali river which was identified by the applicant. Its inquest report was prepared on 27.1.2011 and postmortem examination was conducted on 28.1.2011 but the dead body of the deceased Gudda alias Nazim was not recovered whereas in order by which the bail application of the applicant has been rejected by the learned Sessions Judge, Farrukhabad, it is mentioned that dead body of the deceased Gudda alias Nazim has been recovered from district Barabanki. In the present case, the applicant has been implicated on the basis of call details also. Co-accused Umesh Yadav and Manoj Verma have also been made the accused in the present case. It is alleged that they have made their confessional statements before the police. The prosecuting agency is relying upon the call details of Cell Phone No. 9005508377 of the accused Umesh Yadav who had talked with Manoj Verma on Cell Phone No. 9415430953 in the night of 26/27.1.2011. The location of Cell Phone of Umesh Yadav was found near the place of dead body of the deceased Km. Priya Verma. Except motive, there is no evidence against the applicant. There is no eye witness account. The applicant is innocent but he has been falsely implicated in the present case on the basis of doubt and suspicion. The co-accused Manoj Verma has been released on bail by another Bench of this Court on 8.7.2011 in Criminal Misc. Bail Application No. 17733 of 2011 and co-accused Gaurav Verma has been released on bail on 6.7.2011 in Criminal Misc. Bail Application No. 17277 of 2011. The case of the applicant is also based on similar footing with the case of co-accused Manoj Verma and Gaurav Verma who have been released on bail, therefore, the applicant is also entitled to get the benefit of parity.

In reply of the above contention, it is submitted by learned A.G.A. that in the present case the F.I.R. has been lodged under Sections 363, 366 I.P.C. Both the deceased Km. Priya Verma and Gudda alias Nazim, who were having love affairs, had gone somewhere and they performed the marriage. They filed a Criminal Misc. Writ Petition before this Court against the F.I.R. lodged against Gudda in which their arrested was stayed. Thereafter the applicant and other co-accused persons intercepted both the deceased. They were taken from one to another place, ultimately, they were killed. According to call details also, participation of the applicant and other co-accused persons is established. It is a case of owner killing, therefore, the applicant may not be released on bail. The case of the applicant is not based on the same footing with the case of co-accused Manoj Verma and Gaurav Verma who have been released on bail by another Bench of this Court.

Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant, learned A.G.A. and from perusal of the record, it appears that the F.I.R. has been lodged against the deceased Gudda alias Nazim under Section 363, 366 I.P.C.. Its F.I.R. has been lodged by the applicant alleging therein that Km. Priya Verma, the sister of the applicant has been kidnapped by Gudda alias Nazim. Subsequently it has come in the evidence that both Km. Priya Verma and Gudda alias Nazim have performed their marriage. They challenged the F.I.R. by way of filing Criminal Misc. Writ Petition No. 4605 of 2011 before this Court in which their arrest was stayed. Thereafter both the persons were intercepted by the applicant and other co-accused persons. They were taken one to another place, ultimately they were killed and their dead bodies were thrown in river. The dead body of Km. Priya Verma has been recovered from Kali river. It has been identified by the applicant himself. According to call details, the location of the applicant and other co-accused persons was found near the place where the dead body of Km. Priya Verma was recovered in the night of 26/27.1.2011. Cell Phone of the applicant was kept in Surveillance. Conversations made by the applicant on Cell Phone are showing his involvement in commission of the offence. The applicant and other co-accused persons on interrogation confessed before the police. It has been confessed by the applicant that he has committed the murder of the deceased persons by his licensed revolver in the night of 26/27.1.2011 near the bridge of Kali river. The dead body of the deceased Km. Priya Verma was also recovered from that place. It is a case of owner killing because the applicant being the brother of the deceased Km. Priya Verma was not agreed with the marriage performed by his sister that is why he with the help of his associates committed the murder of his sister and her husband Gudda alias Nazim. Gravity of the offence is too much. The case of the applicant is distinguishable from the case of co-accused Manoj Verma and Gaurav Verma, hence without expressing any opinion on merits of the case, the applicant is not entitled for bail, therefore, the prayer for bail is refused.

Accordingly, the bail application is rejected.

Dt/-3.8.2011

Rmk.