- (1.) This application has been filed by the applicant Sabir with a prayer that he may be released on bail in Case Crime No. 662 of 2005 under Section 364-A, 302, 201, 120-B and 404 I.P.C. P.S. Mansoorpur district Muzaffarnagar.
(2.) The prosecution story in brief is that F.I.R. of this case has been lodged by Sandeep Bagla at P.S. Special Cell Delhi on 27.12.2005 at about 8.00 p.m. in respect of the incident which had occurred on and after 18.12.2005 alleging therein that the deceased Raj Narain Bagla, father of the first informant, and the deceased Vijai Jain, were kidnapped, the details of events are that the deceased Raj Narain Bagla received a call on his Mobile Phone No. 9810152734 on 16.12.2005 from a person who stated that he wanted to do business with him and wanted to place orders for Foam mattress being manufactured by his Factory M/s Foam Industries Private Limited 845-B/2 Site Ivth Industrial Area, Sahibabad, U.P. and he told that he was a traders from Chutmulpur Uttranchal Pradesh. He was keen to do regular business with the deceased Raj Narain Bagla. He also offered to pay the money in advance for this deal. He again called on 17.12.2005 and wanted to call the deceased Raj Narain Bagla to Chutmulpur for concluding the business. The time of meeting on 18.12.2005 at 1.00 p.m. at Moolchand Resort in Muzaffarnagar, was fixed but it was insisted by him to meet on that particular day as he was leaving for Mumbay in that night. Subsequently, the deceased along with the deceased Vijai Jain left Delhi on 18.12.2005 at about 10.30 a.m. by his car Tyota Corolla (Silver colour) No. D.L.-3CA/1400, the deceased Raj Narain Bagla himself was driving the car. At about 1.00 p.m. the first informant's son called his father on his mobile phone to check where he was, the reply was that he was about 15 k.m. away from Moolchand Resort, at about 2 a.m. the first informant again tried to call his father but his mobile was switched off. Again the first informant tried numerous times to call his father between 2.00 p.m. to 5.00 p.m., all the time his father's mobile was found switched off. The first informant checked the contact number of the buyer who had once called his father by the I.D. Caller's list of telephone No. 26844342 and about 5.30 p.m. located the mobile No. 9837750589. The first informant enquired from the buyer about his father at mobile phone No. 9837750589 who replied that he had finished the business and left for home at 3.30 p.m., again he was contacted at about 8.00 p.m., the buyer informed that his father would reach at his home soon and it was informed that the buyer shall leave for Mumbay in the night by train but his phone was disconnecting and having disturbances, at about 10.00 p.m. buyer called from the mobile phone of the first informant's father and said that his father is with him who has been kidnapped for ransom. The first informant made request to talk his father, who spoke for few seconds by saying that he had been taken from Cheetal to Roorkee, thereafter, the line was disconnected. The kidnapper called from his mobile phone No. 9837750589 for twice or thrice to negotiate the payment of ransom, but he informed that he belong to a middle class family and it was not possible for him to make the payment of amount of ransom. The kidnapper was insisting for the payment of Rs. 50 lacks but the first informant did not give any assurance, he was pressurized to go to Roorkee on Tuesday (20.12.2005) on that day, the kidnapper again called from a new mobile phone (9412524018) on the land line telephone No. 26855304 of the first informant and confirmed to come to Roorkee to meet at about 3.00 p.m. and the first informant was said to carry his mobile so that he may be called on the way here exactly to meet with the father of the first informant. The first informant went to Roorkee without money because he had not arranged the money and he wanted to meet his father and to negotiate the final settlement of ransom. At about 3.30 p.m. the kidnapper called on the mobile phone of the first informant and informed to meet first at a distance of 15 k.m. from Roorkee on Dehradoon Road, then he was asked to meet at Godawri resort in Roorkee. The first informant waited at Godawari resort but nobody came there, but again the first informant was told to meet at Dehradoon Road where the first informant waited till mid night but nobody went there. The first informant came back to Delhi, where he was informed on 22.12.2005 from mobile phone No. 9412524018 for fixing new time for meeting by saying that at that time he may talk to his father. Again on 23.12.2005 at about 2.30 p.m. the first informant was informed for fixing a new time and to settle finally the amount for ransom and to execute the settlement at some Neta's house at Roorkee where the father of the first informant was present. Thereafter, the miscreants never called the first informant but all the times the kidnapper extended threats not to approach the police otherwise harm would be caused to his father and his family members. The first informant filed his complaint to search his father and Vijai Jain who were kidnapped.
(3.) During investigation the alleged trader Rizwan son of Noor Illahi, Sabir son of Gulsher, Afzal alias Raja Ishaq Ahmad, Nawaz alias Bhola son of Amir Ahmad, Man alias Phenu Dentor r/o Khalapar P.S. Kotwali, Muzaffrnagar had taken the kidnapped persons nearby the pond and done to death. The accused persons tried to misguide the first informant on telephone and called him to negotiate with regard to the payment of ransom. He initially demanded Rs. 3 crors for the release of the kidnapped persons. The first informant came to Muzaffarnagar and Roorkee and tried to contact the abductor but he could not find them. A detailed report of the alleged incident was given to the Joint Commissioner of Police Special Cell Police Headquarter Delhi. Initially the investigation was entrusted Sri K.L. Yadav S.I. Special Cell New Delhi, later on two accused persons namely Rizwan and the applicant Sabir were arrested who were interrogated by the Police. They confessed their involvement in committing the murder of Raj Narain Bagla and Vijay Jain and disclosed the name of other co-accused persons also. It was published in the newspapers. At the pointing out of the co- accused Rizwan and the applicant Sabir the dead bodies of the deceased were recovered from a pit, which was covered by earth, garbage and bricks on 28.12.2005 and at the pointing out of the co- accused Rizwan a car of the deceased No. D.L.3 CA-1400 was recovered on 29.12.2005 at about 7.30 a.m.;