- (1.)THIS order shall dispose of a bail application filed by the petitioner under Section 439 cr. P. C. who is facing trial in FIR No. 100/2008 under Section 365/302/201 IPC, P. S. Punjabi bagh, West District, Delhi. The petitioner is in judicial custody since 19. 03. 2008, i. e. , from the date of his arrest.
(2.)THE case of the prosecution started with an FIR lodged by the wife of the deceased on 13. 03. 2008 alleging that the whereabouts of the deceased was not available since 09. 03. 2008 when the deceased called his wife at about 4:30 pm.
(3.)ON the basis of the statement made by the wife of the deceased an FIR was registered under Section 365 IPC wherein the police added the offences under Section 302/201/34 IPC despite the fact that the dead body of the deceased has not yet been recovered, the petitioner was arrested on 19. 03. 2008 without there being any direct evidence about his involvement in the aforesaid case. It is his case of the appellant that there is not even an iota of evidence collected by the investigating Officer which might show that either the accused kidnapped or abducted dr. Tipa Rapu Bhikshapati with intent to cause him to be secretly and wrongfully confined or to kill him nor there is anything to show that the deceased has actually died. It is submitted that a bail application was filed before the learned AS3 who dismissed the same without application of mind and made observations that the guilt of the petitioner may be established by the circumstantial evidence which have been narrated by him in in the following manner:
i) Recovery of three diaries of the deceased and the recording of statement of Sh. Sunil Kumar, driver of official car of the deceased to prove illicit relationship of deceased with Babita. ii) Recovery of Scooty from Janak Puri metro Station parking at the instance of accused Mahesh Gupta. iii) Recovery of pant and shirt of the deceased from Hiran Kudna Road Nala at the instance of the petitioner and theif identification by the wife of the deceased. iv) Recovery of mobile phone and rings at the instance of co-accused Neeraj bindal, also identified by the wife of the deceased. v) Call details made from mobile phone of accused and the victim showing that on 09. 03. 2008, three calls were exchanged on the mobile phones of accused and Dr. T. R. Bhikshapati. Two calls were made to the deceased from his mobile phone. Last call was made from the mobile phone of the deceased to accused Mahesh Gupta and deceased t. R. Bhiksha Pati was of Nangloi, where shop of accused is situated.