Delhi High Court
Yash Rajput vs The State Nct Of Delhi on 4 August, 2008
Author: Anil Kumar
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Bail Appl.No.1631/2008
% Date of decision : 04.08.2008
Yash Rajput ....... Petitioner
Through: Mr.Sangram S. Saron, Advocate
Versus
The State NCT of Delhi ......... Respondent
Through : Mr.Amit Sharma, APP for the State.
CORAM :-
* HON'BLE MR. JUSTICE ANIL KUMAR
1. Whether reporters of Local papers may YES
be allowed to see the judgment?
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported NO
in the Digest?
ANIL KUMAR, J.
*
The petitioner who is in custody since 14th April, 2007 and is
accused of murdering Deepak Gupta who was allegedly having an affair
with Bhawna Rajput, petitioner's sister, is seeking bail.
Charges had been framed in the case and the case is stated to be
listed before the trial Court on 15th, 16th & 17th September, 2008. The
bail application No.599/2008 was filed by the petitioner, which was
disposed of by order dated 28th April, 2008 by this Court directing the
petitioner to apply for bail in the first instance before the trial Court,
after recording of evidence of Ms.Bhawna Rajput and Mr.Sandeep
Aggarwal.
The petitioner along with Rajneesh Dahiya and Yashu Saini
applied for bail in S.C No.157/2007, State v. Rajnish Dahiya & Ors. By
order dated 28th July, 2008 Rajneesh Dahiya and Yashu Saini have
been admitted to bail on their furnishing personal bonds in the sum of
Rs.50,000/- each with one surety each of the like amount. However, the
bail application of the petitioner has been dismissed.
The learned counsel for the petitioner has pointed out the
discrepancies between the time of death as indicated in the post
mortem report and the other statements. The learned counsel for the
petitioner has emphasized that there are no finger prints and
strangulation marks and no recovery has been made. It is also
contended that major witnesses have not supported the prosecution
version and even the sister of the accused who was allegedly having an
affair with the deceased has retracted from her statement. It is also
stated that there is no ill will among the two families and in the
circumstances it is prayed that the petitioner be released on bail.
The accused had made two calls from mobile No.997148476
installed at STD Booth I-50, Hari Nagar Extension, Badarpur to the
mobile phone No.9818991718 of the deceased at 12.28 AM and 12.31
AM respectively. According to the prosecution case deceased Deepak
Gupta was last seen in the company of the petitioner and his dead body
was found on the morning of 26th June, 2007.
According to the prosecution, last call was made from the mobile
phone of Deepak Gupta bearing No.981899178 to the mobile
No.9990077791 of the accused and the Cell I.D of accused at that time
was of Jaitpur Extension which is near the STD booth of Sandeep
Aggarwal. Even if the witness Sandeep has become hostile the mobile
record can establish his presence near the STD booth.
Shyam Lal, brother of the deceased is yet to be examined. The
evidence pertaining to the mobile record is also to be established. The
offence alleged is heinous and keeping in view the totality of facts and
circumstances it will not be appropriate to grant bail to the petitioner at
this stage. The bail application is, therefore, dismissed.
August 04, 2008 ANIL KUMAR, J.
'k'
