S.C.AGARWAL,J. - (1.) THIS is an application for bail on behalf of accused-applicants Ram Kunwar @ Ram Kumar and Roopa involved in case crime no. 592 of 2011, under Sections 302, 201 IPC, P.S. Majhola, District- Moradabad.
(2.) HEARD Sri Satish Trivedi, Senior Advocate assisted by Sri Ajay Kumar Pandey, learned counsel for the applicants, learned AGA for the State, Sri Brahm Singh, learned counsel for the complainant and perused the material available on record. It has been submitted by learned Counsel for the applicants that the case is based on circumstantial evidence and there is no direct evidence of murder. The chain of circumstance is not complete and there was no motive for the crime and except the extra judicial confession, there is no other incriminating circumstance against them. It was further submitted that on 3.10.2011, the dead bodies of the deceased Mahendra Singh and his wife Sumitra were found on the railway line near Kanth Road bypass railway crossing in District- Moradabad. The information regarding the same was given at P.S. Majhola on 3.10.2011 at 6.30 a.m. by Ram Charan Singh- father of the deceased- Mahendra Singh Saini. It was suspected that both the deceased died due to a collision with the train. Post-mortems were conducted on the same day and besides the other injuries, fire arm injuries were also found on the dead bodies and it was a case of murder. It was contended that the applicants have no motive to kill he couple and the applicants have been falsely implicated simply on the basis of suspicion. Learned AGA and learned counsel for the complainant strongly opposed the prayer for bail and submitted that it is a case of hononour killing. The deceased- Sumitra was the second wife of the deceased Mahendra. Madan Lal son of Smt. Sumitra from her earlier husband enticed away one Km. Neetu daughter of Gita- wife of Late Sri Ashok Dhimar and the family members of the girl were pressurizing the family of the first informant to return the girl. A joint panchayat of all castes was held in village on 30.9.2011 and in the panchayat, the accused- Rajesh and applicants Ram Kunwar @ Ram Kumar and Roopa pressurized the complainant as well as both the deceased to return the girl and threatened that if the girl was not returned, son of the complainant Mahendra and his wife Sumitra would be shot dead. The complainant stated that he has no concern with the affairs of his son and his wife and thereafter, on 2.10.2011, the accused persons and other members of the family of the girl started searching for the girl and came to the house of Mahendra by a tempo. The complainant asked for two days time to find out whereabouts of the girl but the accused persons were not agreeable and said that they themselves will settle the matter. According to the statement of Mangala Saini, both the deceased helped Madan Lal in hiding from the villagers.
(3.) IT was further contended that according to the statement of Balraj Singh, accused Rajesh, Ram Kumar and Roopa gave threats to the complainant of dire consequences if the girl was not returned and said that there would be blood-shed. In the night of 2/3.10.2011, Balraj Singh and Karan Singh started for the village and near Sirmoi Bhoor crossing near bypass Kanth Road, they found Rajesh, Ram Kumar and Roopa coming from the side of the railway line. On an inquiry, they disclosed that they had done what had to be done and now the girl would return herself. Learned counsel for the complainant also placed reliance on the statement of Km. Neetu on whose account, the whole episode took place. She stated that she was having an affair with Madan Lal. She was pregnant and, therefore, she eloped with Madan Lal. For sometime, she remained at Ghaziabad and Delhi and, thereafter, Sumitra, mother of Madan lal, got her son Madan Lal married with Neetu at Kashipur. A house was rented for them. When she heard about the death of Mahendra and Sumitra, she came to the house of her maternal grand mother (Nani) from where her maternal uncle- Sharad took her to the police station. Subsequently, on 4.10.2011, the accused- Rajesh and applicants- Roopa and Ram Kumar made extra judicial confession before Raja Ram Saini. There is strong motive against the applicants and co-accused Rajesh- uncle of Neetu to commit murder of Mahendra Singh and Sumitra. The accused persons belonged to one caste whereas Madan Lal and the deceased belonged to another caste. The flight of the girl became a matter of prestige for the community of the girl. The panchayat was held and in the panchayat, Rajesh, Ram Kumar and Roopa threatened Ram Charan with dire consequences if the girl was not returned. The dead bodies were found on the railway line but fire arm injuries were also found on the dead bodies. The applicants as well as co-accused Rajesh were seen in the night coming from the side of railway line by the witnesses. Subsequently, applicants as well as Rajesh made extra judicial confession before Raja Ram Saini. ;