Shiv Shanker - (1.) THIS first bail application has been moved on behalf of applicant Ravindra involved in Case Crime No. R.C. No. 1(S)/2007, S.T. No. 428 of 2007, under Sections 120B, 364, 384, 302, 201 I.P.C., Police Station-SCV/SCR-II, New Delhi.
(2.) PROSECUTION case in brief is that the F.I.R. was lodged by Satish Kumar, brother of deceased Dr. Kavita Rani on 29.10.06 at P.S. Syana District Bulandshahr in case Crime No. 157 of 2006, alleging therein that the deceased Dr. Kavita Rani, lecturer in Chaudhary Charan Singh University, Meerut had gone to her village Dhansurpur District Bulandshahr on 19.10.06 to attend Diwali festival. On 23.10.06 when she was returning back to Meerut she disappeared and her whereabouts could not be known, all the three cell phones No. 931961612140, 9997123627, 98377701434 were switched off. Its information was given at P. S. Syana on 29.10.06. Thereafter, the police of P. S. Syana made search of the room of the deceased in Indira Gandhi Mahila Chhatrawas, Meerut on 1.11.06 and some letters written by the deceased were taken in possession, in which the names of co-accused Ravindra Pradhan and his brother Harendra Pradhan were also mentioned alongwith the name and phone numbers of other persons. In these letters, threat was given to the deceased and her family members by the co-accused Ravindra Pradhan on the telephone and she was asked to marry with him otherwise she and her family members would be done to death. It was suspected that she was abducted and killed by the above mentioned persons. Thereafter, the matter was transferred to P.S. Civil Lines, on the point of territorial jurisdiction, where it was registered on 22.12.06. Thereafter, investigation was transferred by the Government to C.B.I. where it was registered as C.C. No. RC-11(S)/2007, in which charge-sheet has been submitted against the applicant. Now the matter is pending in the Court of learned Special Judge, C.B.I. (Anti Corruption) U.P. (East) Ghaziabad vide S.T. No. 428 of 2007. It is further alleged that the applicant and other co-accused persons hatched a conspiracy in furtherance of that conspiracy Dr. Kavita Rani was abducted and killed. The co-accused Ravindra Pradhan and the deceased prepared a C.D. having sexual relation of the deceased with Dr. Mirajuddin Ahmad, the then Minister of U. P. Government and on the basis of that C.D. Dr. Mirajuddin Ahmad was blackmailed and in lieu of return of that C.D. Dr. Mirajuddin Ahmad paid an amount of Rs. 35,00,000 to Yogesh alias Yogendra, the C.D. was brought by the applicant from the co-accused Ravindra Pradhan and it was handed over to Dr. Mirajuddin Ahmad. During investigation, the statements of Dr. Mirajuddin Ahmad, Ashu alias Amit, Vijay Pal and Rajesh Kumar Yadav and some other persons were recorded by the C.B.I. and from the possession of Yogesh alias Yogendra, memory chip containing video recording of sexual intimacy between the deceased Dr. Kavita Rani was also recovered on 20.12.06 and one C.D. containing video recording of sexual intimacy between the deceased and Dr. Mirajuddin Ahmad was seized from the house of Amar Malik, an advocate of Mathura on the disclosure of the applicant. The allegation against the applicant and other co-accused persons namely Ravindra Pradhan, Yogesh alias Yogendra and Sultan Singh is that they hatched a conspiracy. Co-accused Ravindra Pradhan gave confessional statement, wherein the name of present applicant has also been introduced. Therefore, in furtherance of that conspiracy, Dr. Kavita Rani was abducted and killed. The case is based on circumstantial evidence.
(3.) HEARD learned counsel for the applicant, learned A.G.A. and Sri G. S. Hazela, learned counsel for the C.B.I. Learned counsel for the applicant has contended that the applicant is not named in the F.I.R. No evidence has been collected by the Investigating Officer against the present applicant. Only evidence against the present applicant is that confessional statement of co-accused Ravindra Pradhan, who is main accused in this case who disclosed the name of present applicant. The confessional statement of co-accused Ravindra Pradhan has no value regarding applicant. Therefore, it cannot be deemed evidence against the present applicant. Other evidence has also been collected by the Investigating Officer by recording the statement of Santosh who was juice vendor. He has also not named the present applicant in his statement and the applicant was not put for identification from these witnesses. Therefore, it is not liable to be deemed that he was involved in purchasing juice from the said shop and after mixing poison, the same was administered to Dr. Kavita Rani. Later on, she was taken in the vehicle at the area of Dadari where she was killed by the accused Ravindra Pradhan and Sultan Singh and her dead body was thrown in canal.;