Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: IA 3/2024 in SC 22
/2024
State Vs. Rajpal
FIR No.382/23
PS Mukherjee Nagar
u/s 365/302/201/419/471/120B/34 IPC
01.05.2024
This is Second regular bail application under
Section 439 Cr.P.C. moved on behalf of the applicant/ accused
Rajpal.
Present: Sh. P.K. Samadhia, ld. Addl. PP for the State.
Sh. Pradeep Khatri, Ld. counsel for the applicant/
accused.
Heard. Reply of bail application perused.
It is submitted by Ld. counsel for the accused that
the accused has been falsely implicated in the present case and he
has nothing to do with the alleged offence and make a
submission that accused is in JC since 29.09.2023 and make a
request that the accused may kindly be released on bail.
Per contra, the bail application of the applicant/
accused has been strongly opposed by ld. APP for the State and
make a submission that the bail application of the applicant/
accused may kindly be dismissed.
Having heard the submissions made by Ld. counsel
for the applicant/accused, ld. APP for the State and after gone
through the contents of the bail application as well as reply filed
by IO, this court is of the considered view that on dated
20.10.2021, Smt. Shakuntala Devi W/o Late Bharampal Singh
had lodged a missing report at PS Mukherjee Nagar regarding
missing of her daughter (deceased) who used to reside in a PG at
Mukherjee Nagar and was preparing for UPSC Civil Services.
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She was missing since 18.09.2021 and at about 8.30 pm, a
missing report vide DD No.40A was loded and handed over to SI
Jitendra Singh for further necessary action. Sincere efforts were
made by the Police to search the missing girl but they could not
succeed and no clue was found of the said missing girl. The CDR
of the two mobile phone numbers of the deceased was obtained
and the family members of that missing girl made suspicion on
namely Surendra Singh as he was close friend of that girl. The
said Surendra Singh was questioned several times but he did not
give any information in respect of missing of said girl and
thereafter, a call was received on the mobile phone number of
brother-in-law (Jija) of the missing girl from another mobile
phone number and disclosed his name as Arvind and stated that
he had got married to the said missing girl and he alongwith
missing girl going to Punjab as is family is after him and he told
them that they will return back after 10-15 days. Thereafter, the
mother of said missing girl received a call on her mobile in which
the boy told her that he got married with the missing girl.
Information was furnished to the police of the said mobile phone
received by brother-in-law (Jija) and the mother of missing girl
and it was found that the phone number 7496849542 was
purchased in the name of Pawan Kumar S/o Kailash Chand R/o
Village Kanwali, District Rewari, Haryana and upon making
inquiry, the said Surendra Singh told that on 11.09.2021, a couple
came to his Dhaba on a motorcycle and purchased a water bottle
and the said boy asked him for his mobile to make an urgent
call. Later on, two customers told him that the couple had left his
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purse and after that he received a call back from his mobile who
was asking for the couple and wanted to speak to the girl. He told
that they have already left and told her about the purse.
The purse containing Identity cards and other
documents of said missing girl was handed over to Surender
Singh by showing his Delhi Police ID Card. As there were doubts
regarding missing of the said girl, therefore, the FIR u/s 365 IPC
on dated 12.04.2023 was registered and despite sincere best
efforts made by the police officials, the missing girl could not be
traced.
It is pertinent to mention that on 06.07.2023, this
case was transferred to Crime Branch and during the course of
investigation, it came to the knowledge of the IO that missing girl
was murdered by accused Surendra Singh and her dead body was
dumped in a drain/naala near Budhpur, Burari Road,
Mukhmelpur Village. The said Surender Singh hatched a
conspiracy with Ravin and Rajpal so that no one suspect that he
had murdered the said missing girl. The said Surender Singh
gave a copy of Pawan Kumar's Adhaar Card to Ravin and asked
him to send someone to purchase the SIM on the basis of these
documents. Ravin told these facts to Rajpal and Rajpal purchased
SIM of mobile no.7496689542 and a phone and gave to Ravin.
On 11.09.2021, Ravin went to Bhagat Ji Dhaba with a lady on
motorcycle and made call to the brother-in-law (jija) of missing
girl from the mobile of Dhaba owner Surender Singh. On the
direction of Surender Singh, he intentionally left that purse of
said missing girl containing documents just to mislead the
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investigation and family members of the said missing girl. On
29.02.2021, Ravin made a call to the mother of the deceased
from the mobile phone purchased on the basis of fake ID of
Pawan Kumar and told her that he and the deceased got married.
Ravin and Rajpal were doing all this on the instructions of
Surender Singh to mislead the investigation and family members
of deceased. During the investigation, the accused Surender
Singh Rana, S/o Raj Singh Rana, Ravin, applicant/accused Raj
Pal were arrested on 29.09.2023. During the course of further
investigation, the bones of skeleton of deceased were recovered
at the instance of Surender Singh from drain (naala) and were
sent to FSL. The same were sent to FSL for DNA Profiling with
the samples of mother of deceased and the same were found to be
matched with the recovered bones of the deceased.
Perusal of the charge-sheet, it reveals that Surender
Singh hatched conspiracy with co-accused Ravin and Rajpal and
they all were alleged to have been actively involved in the
commission of offence.
That, the charge is yet to be framed and the material
public witnesses are also yet to be examined and if this court
allow the bail application of the applicant/accused, then, there is
every apprehension that the applicant/accused may extend any
kind of threat to the material public witnesses particularly to the
mother of the deceased. Therefore, considering all the facts and
circumstances, no ground is made out to release the accused on
bail. Hence, the bail application of the accused is hereby
dismissed.
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The bail application stands disposed off accordingly.
However, it is pertinent to mention that nothing
expressed herein shall tantamount to be an expression on the
merits of this case.
Copy of this order be given dasti to the parties
concerned and also sent to the Jail Superintendent for
information and compliance.
(Satish Kumar)
ASJ-3(North)/Rohini Courts
Delhi/01.05.2024
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