Vinay Kumar Singh vs State of U.P.

Ravindra Singh, J.—This application has been filed by Vinay Kumar with a prayer that he may be released on bail in Case Crime No. 792 of 2006 under Sections 302 and 120B, I.P.C. P.S. Kerakat district Jaunpur.

The prosecution case in brief is that the F.I.R. of this case has been lodged by Kamta Maurya on 9.9.2006 at about 6.05 p.m. in respect of the incident which had occurred on 8.9.2006 at about 1.30 p.m. It is alleged that two unknown persons committed the murder of the deceased Krishna Kant alias Pappu Maurya. The injuries on the person of the deceased were caused by the two motor cyclist born miscreants by fire arm in the office of K. P. Maurya Girl School, Dev Kali. The deceased was the Manager of that School. The deceased in an injured condition was taken to the district hospital, where he was declared dead. The alleged incident was witnessed by the persons who were at the school or near that school.

During investigation the I.O. collected the evidence to share that the deceased was murdered by the co-accused Sandeep Singh and Rajesh Kumar Shukla at the behest of the applicant. The applicant was giving the location to them and he was having telephonic contact with the said assailants. The applicant was instrumental in the commission of the alleged offence. He was having strong motive to commit the murder of the deceased because the applicant was removed from the office of Managership of the K. P. Maurya Girls School by the deceased.

Heard Sri Amrendra Singh holding brief of Sri Mukesh Kumar, learned Counsel for the applicant, learned A.G.A. and Sri Girish Chandra Yadav, learned Counsel for the complainant.

It is contended by the learned Counsel for the applicant that the applicant is not named in the F.I.R. even during investigation the evidence collected by the I.O. that the applicant did not commit the murder of the deceased. The allegation of committing the murder of the deceased is against Sandeep Singh and Rajesh Kumar Kushwaha. The only allegation against the applicant is that on the day of the alleged occurrence, he was having telephonic talk with the co-accused Sandeep Singh, Gaurav Tiwari but the details of the telephonic talk have been collected by the I.O. to show that the applicant was operating from Maharashtra State to commit the murder of the deceased. There is no evidence to show that the applicant was involved in hatching conspiracy to commit the murder of the deceased. The applicant is innocent. He has not committed the alleged offence. He has been falsely implicated only due to ill will of the first informant. The co-accused Gaurav Tiwari has been released on bail by this Court on 10.11.2006 in Criminal Misc. Bail Application No. 24349 of 2006. Therefore, he may be released on bail.

In reply to the above contention, it is submitted by the learned A.G.A. and the learned Counsel for the complainant that the applicant is the main architect of this incident. At his behest the deceased has been murdered by the co-accused Sandeep Singh and Rajesh Kumar Shukla. It was a preplanned murder after arranging the co-accused persons to commit the murder of the deceased. The applicant himself went to Maharashtra State from where he was operating his mission. The applicant was having strong motive to commit the murder of the deceased because the deceased was removed from the post of Managership of the school known as K. P. Maurya Girls School, Devkali by the deceased. The evidence collected by the I.O. shows the involvement of the applicant in the commission of the alleged offence. His call details of Mobile Phone No. 9838902176 (Hutch) and Mobile No. 9224138859 (Tata Indicom.) show that the applicant had telephonic talk on 7.9.2006 at 10.09 a.m. for 24 seconds by the above mentioned phones and on 8.9.2006 at 11.25 a.m. he was having telephonic talk for 28 seconds at 11.26 a.m. for 45 seconds at 11.32 a.m. for 52 seconds, at 11.59 a.m. for 67 seconds, at 12.40 p.m. for 25 seconds, at 12.53 p.m. for 26 seconds, at 12.36 p.m. for 25 seconds, at 12.53 p.m. for 28 seconds, at 12.56 p.m. for 15 seconds, at 13.08 p.m. for 38 seconds, at 1.15 p.m. for 5 seconds, at 1.27 p.m. for 47 seconds, at 1.33 p.m. for 7 seconds, at 1.36 p.m. for 33 seconds, at 1.36 p.m. for 53 seconds, at 1.36 p.m. He was having above mentioned telephonic talk by the above mentioned Tata Indicom Phone No. 52241388591 with the Phone No. 9415653653. The applicant was having telephonic talk with the co-accused Gaurav Tiwari alias Chhotu on the day of the alleged occurrence. The applicant was having frequent telephonic talks as mentioned above with Nokia mobile set alongwith sim of Phone No. 9415653653 was recovered from the possession of the co-accused Gaurav Tiwari on 16.9.2006. The applicant was giving location of the deceased to the co-accused Gaurav Tiwari and Santosh Kumar Singh and Sandeep Singh. The call details shows that the applicant was using Tata Indicom Mobile phone which was owned by the Buwa Savitri Devi. Such statement has been given by Smt. Savitri Devi. The co-accused Gaurav Tiwari was also using Mobile Phone No. 9415653653 owned by his tenant Nand Lal Yadav. It has been stated by Nand Lal Yadav u/s 161, Code of Criminal Procedure The co-accused Sandeep Singh was using mobile Phone No. 9838908176 upto the date of the alleged incident, which was purchased by him in the name of Pankaj Kumar Prajapati, which was a fake connection because Pankaj Kumar Prajapati has not purchased the same mobile phone prior the alleged incident. The applicant was in regular contact with the co-accused Gaurav Tiwari, Santosh Kumar and Sandeep Singh. Its call details have been collected by the I.O. and have been made part of the investigation.

On the day of the alleged occurrence, the applicant was in regular contact with the co-accused Sandeep Singh, Gaurav Tiwari because many of the times they had telephonic talk. He has talked with the co-accused. Sandeep Singh on 8.9.2006 at 12.03 p.m., 12.41 p.m. 12.55 p.m., 1.01 p.m., 130 p.m., 139 p.m. The applicant was taking the location from the co-accused Gaurav Tiwari and the same was conveyed by him to the co-accused Sandeep Singh on the basis of the location given by the applicant, the co-accused Sandeep Singh, Rajesh Kumar Shukla committed the murder of the deceased. The statement of Virendra Kumar Shukla, father of the co-accused, Rajesh Kumar Shukla, has been recorded by the I.O. who stated that the Mobile Phone No. 9838908176 was regularly used by the co-accused Sandeep Singh, who was having telephonic talk with the mobile of the co-accused Rajesh Kumar Shukla. The applicant wanted to have the Managership of K. P. Maurya Girls School by removing the deceased and to achieve the same, the deceased has been murdered. The case of the applicant is distinguishable with the case of Gaurav Tiwari because the applicant is the main architect of this case. In the order dated 10.11.2006 itself the case of the co-accused Gaurav Tiwari has been distinguished with the case of the applicant. In case the applicant is released on bail, he shall tamper with the evidence.

Considering the facts, circumstances of the case and the submissions made by the learned Counsel for the applicant and the learned A.G.A. and considering the gravity of the offence, and without expressing any opinion on the merits of the case, the applicant is not entitled for bail. Therefore, his prayer for bail is refused.

Accordingly this application is rejected.