Vijay Kumar Verma - (1.) PRAYER for bail in this application under Section 439, Cr. P.C. has been made on behalf of the applicant Deepak s/o Kishan Swaroop Meena, who is facing trial in S.T. No. 669 of 2007 arising out of Case Crime No. 430 of 2007 under Sections 147, 148, 364, 302 and 201, I.P.C., P.S. Kosi Kalan, district Mathura.
(2.) ASHOK Kumar, aged about fifteen years, son of the complainant Bhagwat Singh Sharma had left the house on 13.6.2007 at about 5.00 p.m. on receiving a telephone call, but he did not come back and hence, search for him was made, but in vain. Further case of the prosecution is that the deceased was seen in the company of accused Deepak and co-accused Dr. Devki Nandan, Manoj, Rahul and Vishu on 13.6.2007 at about 5.15 p.m. at Kosi Restaurant. It is also alleged that dead body of the deceased was recovered on the pointing out of accused Deepak and other accused persons on 23.6.2007. I have heard lengthy arguments of Sri S. K. Yadav, advocate appearing for the applicant, Sri Raghvendra Kumar Mishra representing the complainant and A.G.A. for the State. The first and foremost submission made by learned counsel for the applicant was that the dead body of the deceased is said to have been recovered on the joint pointing out of the accused persons, hence the applicant is entitled to be released on bail on this ground alone, because there is no sanctity of the recovery of dead body on the joint pointing out of the accused persons.
(3.) REGARDING seeing the deceased in the company of accused persons by the witnesses Ramhet and Dau Dayal, it was submitted by learned counsel for the applicant that false story of last seen has been concocted by the police with a view to falsely implicate the applicant and other accused persons. About the extra-judicial confession, which is said to have been made by the applicant and other accused before the witnesses Tula Ram and Siya Ram, it was submitted by learned counsel that after committing the murder, the accused would not confess their guilt before the persons, who were not in the position to save them from police.;