Court No. - 47
Case :- CRIMINAL APPEAL No. - 3194 of 2017
Appellant :- Ankit Alias Manish
Respondent :- State Of U.P.
Counsel for Appellant :- Virendra Kumar Jaiswal
Counsel for Respondent :- G.A.,Rajeev Chaddha
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Ref: Order on Bail Application No. 193491 of 2017 Heard Sri V. K. Jaiswal, learned counsel for the appellant-Ankit @ Manish, learned AGA for the State and Sri Rajeev Chadda, learned counsel for the first informant.
By the judgment dated 17.6.2017 in Sessions Trial No. 1395 of 2013 arising out of Case Crime No. 136 of 2013 under Sections 364, 120B, 302/34, 201 IPC PS- Hapur Dehat, District Hapur, Ankit @ Manish the appellant has been convicted under Section 302 IPC sentenced for life imprisonment and fine of Rs.5,000/- and under Section 201 IPC sentenced for three years rigorous imprisonment and fine of Rs.5,000/-. It may be mentioned that by the same judgment the appellant Ankit @ Manish has been acquitted under Section 364 and 120B IPC.
According to the prosecution case, Amit Thakur brother of the informant, was missing from his house since 11.3.2013. Missing report has been given at the police station on 13.3.2013, in which no suspicious on anybody has been shown. Subsequently on 26.3.2013 an FIR of Case Crime No. 136 of 2013 has been lodged under Section 364 IPC on the complaint of Rajeev Thakur, elder brother of Amit Thakur. In the FIR, it has been stated that Amit Thakur was missing from his house since 11.3.2013 after searching a lot he could not be traced out. Then missing report has been given on 13.3.2013. After that Pappu Chauhan son of Ram Pal resident of B 452 Patel Nagar, PS- Sihani, District- Ghaziabad, had informed that he had seen Amit Thakur along with Ankit @ Manish at Syana Chaupala.
On the basis of after registering the aforesaid FIR, investigation was done by Indal Singh PW-5, he collected the call details report of the mobiles used by the accused as well as deceased. From the call details report, it was came into light that on 11.3.2013, the deceased Amit Thakur had a call with the appellant for about 84 minutes and thereafter he proceeded from his house on the motorcycle. The location of the mobile of the appellant was found Tatarpur Toll Plaza. During investigation, the appellant was arrested and he confessed guilt before the police. According to his confessional statement the police recovered mobile phone as well as clothes of the deceased on 5.5.2013 from Tatarpur Toll Plaza on the pointing out of the appellant. The trial court relying on the circumstantial evidence that is call made by the appellant immediately before his proceedings from his house on 11.3.2013 and confessional statement as well as recovery of mobile phone and clothes of the deceased on the pointing of appellant, convicted under Section 302 and 201 IPC. The trial court however found that the abduction is not proved, inasmuch as after call the deceased himself has proceeded from his house. Similarly, the trial court also recorded a finding that involvement of Deepa wife of Amit Thakur is also not proved in the incident. As such the order of acquittal under Section 364 and 120B IPC has been passed.
At present, there is nothing on record to contradict the call details report of the mobile of the appellant, on the mobile phone of Amit Thakur on 11.3.2013 immediately before his proceeding from house. So far as proceeding from house on 11.3.2013 is concerned, it was proved by Munni Devi PW-2. Similarly, there is nothing on record to controvert the recovery of the mobile as well as clothes of deceased from the pointing of appellant.
Accordingly, bail application is rejected.
Copy of this order be given to Sri Rajeev Chadda, Advocate appearing on behalf of first informant as per usual charges.
Ref: Order on Appeal List in the next cause list for hearing.
Order Date :- 29.1.2019 Ashutosh Pandey