Vijay Kumar Verma, J. - (1.) PRAYER for bail in this bail application under section 439 Cr.P.C. has been made on behalf of the applicant Sonu @ Sirajuddin s/o Nazir Ali, in case crime No. 262 of 2008, under sections 394, 302, 120-B and 411/120-B IPC, P.S. Parikshatgarh, District Meerut.
(2.) INCIDENT of committing robbery of Rs. 7,50,000/- (Rupees seven lac fifty thousand only) took place on 28.04.2008 at about 10.45 a.m. in front of Syndicate Bank, Parikshitgarh, District Meerut. In that incident murder of Kiranpal, sales man of Millan Petrol Pump Parikshitgarh, was also committed by the miscreants. The sales man Kiranpal and the complainant Ashish Kumar had come to deposit the money in Syndicate Bank, from where Rs. 7.50 lac were looted after committing the murder of sales man. The complainant also fired from his licenced pistol on the miscreants, due to which one miscreant sustained injuries, who died later on while he was being carried by his companions. FIR about that incident was lodged by Ashish Kumar at P.S. Parikshitgarh on 28.04.2008 at 11.30 a.m. against unknown persons. The allegation against the applicant Sonu @ Sirajuddin is that he along with co-accused Hasim (now deceased) Bablu Gurjar @ Joni (now murdered in police encounter on 04.05.2008) and Faizan @ Guddu hatched a conspiracy at the house of Uzama @ Sofiya to commit the robbery of the money of Millan Petrol Pump from Syndicate Bank Parikshitgarh and in pursuance of that conspiracy, robbery of Rs. 7.50 lac was committed on 28.04.2008 by the applicant and his companions. Further allegation against the applicant is that on the basis of his disclosure statement made to police, a sum of Rs. 20,000/- was recovered on his pointing out during police custody remand on 16.05.2008. I have heard lengthy arguments of Sri Amit Daga, Advocate, appearing for the applicant and AGA for the State. The main submission made by learned counsel was that the applicant is not named in the FIR and he has been falsely roped in this case by the police without any legal evidence.
(3.) REGARDING recovery of Rs. 20,000/- on the pointing out of the applicant Sonu @ Sirajuddin on 16.05.2008 as alleged by the prosecution, it was submitted by learned counsel that false recovery of Rs. 20,000/- on the pointing out of the applicant during police custody remand has been shown and no recovery of any money was made on his pointing out on that date. It was further submitted in this context by learned counsel for the applicant that in compliance of the order passed by CJM Meerut, on the application of investigating officer for police custody remand of the applicant Sonu, two advocates, namely, Pradeep Kumar Sharma and Rahul Deep had accompanied the police party and applicant in maruti vehicle, which was being driven by Iliyas, but no recovery was made by the police on that date on the pointing out of the applicant, as is evident from the affidavits filed by aforesaid advocates and car driver Iliyas in the court of District and Sessions Judge Meerut. For this submission, attention of the court was drawn towards the copies of affidavits of aforesaid persons which have been filed as Annexure-9 in this bail application. About hatching the conspiracy for committing robbery, it was submitted by learned counsel for the applicant that absolutely false story has been concocted by the police and the applicant never hatched any conspiracy with other accused to commit the robbery as alleged by the prosecution.;