ASHOK SRIVASTAVA,J. - (1.) THIS bail application has been moved on behalf of the applicant, Dinesh Singh, who is involved in Case Crime No. 467 of 2009, under Sections 302 and 376 I.P.C., Police Station Rampur, District Jaunpur.
(2.) THE complainant of this case is one Shiv Kumar Pandey. The alleged incident of rape and murder had taken place in the intervening night of the 15-16th of May, 2009. According to the F.I.R. the complainant is a resident of village Pachwal, P.S. Rampur, Jaunpur and his residence is situated at Jaunpur-Mirzapur road. On 15.5.2009 in the night, after taking their night meals, all the family members went to sleep. Some of them including the deceased girls were sleeping behind the house. At about 2.30 A.M. the complainant woke up and found that his two daughters namely Soni aged about 11 years and Akanksha aged about 8 years were not on their cots. An anxious father alongwith other family members went in search of the two girls. The girls could not be traced in the night. In the morning the dead bodies of both the girls were found lying in an agricultural plot near the river. An F.I.R. was lodged with the police on 16.5.2009 at about 7.30 A.M. After completing the formalities of inquest, the post-mortems were conducted and reports were prepared. The post-mortem reports indicated that the poor girls were raped and thereafter they were done to death by strangulation. During the course of investigation the names of the accused persons came to light. They were arrested and while they were in police custody they are said to have confessed to their crimes. The co-accused of this case is one Shiv Kumar Gupta. During the course of investigation it was discovered that the mother of Shiv Kumar Gupta had illicit relationship with the complainant i.e. father of the deceased girls. This had caused embarrassment, annoyance and irritation in the mind of Shiv Kumar Gupta. The applicant accused is said to be a close friend of Shiv Kumar Gupta. The prosecution story further goes to show that one Buddhu Chamar had heard the conspiracy which was hatched in the goomti in which the applicant was running a small shop in which he used to repair punctured and flattened cycle tyres. As per the prosecution case, Buddhu Chamar had heard on 14.5.2009 that both the accused persons were making plans to rape and kill the daughters of the complainant. Incidently Buddhu Chamar was present behind the abovementioned goomti and heard the entire planning but he did not disclose it to any one till 2.6.2009 when he was approached and examined by the I.O. of the case under Section 161 Cr.P.C. It should be mentioned here that an informer had informed the I.O. of the case that Buddhu Chamar had heard the abovementioned planning. The further story of the prosecution is that on the fateful night the witnesses Sanjay Pandey and Shailesh Kumar Pandey had seen both the accused persons when they were coming from the side of the river at about 12.00-100 in the night. It has come in the statement of Sanjay Pandey and Shailesh Kumar Padney that when they asked the two accused persons wherefrom they were coming, the two became nervous and told that they were coming back after easing themselves. It should also be mentioned here that Sanjay Pandey and Shailesh Kumar Pandey were also going to ease themselves at that odd hour of night. Another witness from the prosecution is one Sri Pati Pandey who is a witness of illicit relationship between the mother of co-accused Shiv Kumar Gupta and complainant Shiv Prasad Pandey. According to Sri Pati Pandey one day he had seen that the complainant had hugged from behind the mother of the co-accused Shiv Prasad Pandey when both were present near a handpipe. Sri Pati Pandey had also noticed that this incident of hugging was seen by the co-accused Shiv Kumar Gupta also. It has also come in the prosecution story that both the accused persons alongwith their parents had made extra judicial confessions before the witnesses Bhupesh Pandey, Phool Chandra, Mithai Lal Pandey and Surendra Singh. On the basis of these facts, as mentioned above, a chargesheet has been filed against both the accused persons.
(3.) HEARD learned counsel for the applicant and learned A.G.A. and perused the materials on record.;