Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Jogendra Jatav in connection with Case Crime No.433 of 2018, Spl. Case No.32/2019, under Sections 364-A, 302, 201 I.P.C., P.S. Jaswant Nagar, District Etawah.
As per prosecution case, the first information report of the incident was lodged by the complainant against some unknown persons. It was alleged in the first information report that on 17.10.2018 the son of the complainant, aged about 8 years after having the dinner had gone to see the dance programme in the village. It was also mentioned that suddenly electricity was cut off and the son of the complainant was disappeared and when the son of the complainant was not found then the matter was reported to the police against some unknown persons. Thereafter a message has been received on the mobile phone of the younger brother of the complainant from Mobile No.8534941453 in which Rs.25 lacs as ransom was demanded. On 18.10.2018 a call was received from Mobile No.9910134945 and again demand Rs.25 lacs as ransom till 19.10.2018 otherwise your son will be killed. During investigation it was found that the deceased was last seen in the company of accused Pravin and other two unknown persons. This statement was given by Munna Lal and Raghubir Singh. When the accused Pravin was arrested then he narrated the names of Yogendra and Deep and the name of the present applicant has surfaced. Both the accused were arrested by the police and on their pointing out the dead body of the deceased was recovered from a canal and weapon used for committing the murder was also recovered from the house of the Pravin along with one motor-cycle.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was not named in the first information report. He submitted that the name of the applicant has surfaced in the confessional statement of the co-accused Pravin. He submitted that joint recovery at the instance of all the accused is not tenable in the eyes of law. He submitted that the applicant is languishing in jail since 18.10.2018 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea and submitted that a boy of aged about 8 years was brutally murdered by the applicant for ransom.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case and considering the fact that a young boy of 8 years was brutally murdered by the applicant and the dead-body of the boy was recovered at the instance of the applicant and other co-accused persons, without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
Accordingly, the bail application stands rejected. The trial court concerned is directed to conclude the trial of the aforesaid case expeditiously, preferably within a period of one year from the date of production of the certified copy of this order.
Order Date :- 18.12.2019 R./