Hon'ble Anil Kumar Agarwal,J.
Heard the learned counsel for the appellants and the learned A.G.A.
After considering the submission made by the learned counsel for the appellants and the learned A.G.A. for the State of U.P. and from the perusal of the record it appears that the F.I.R. of this case has been lodged by Mohd. Shafi alias Bagedu P.W. 1 on 14.5.1992, at 10.30 a.m. in respect of the incident allegedly occurred after 8.00 p.m. on 13.5.1992 alleging therein that Km. Shama aged about 8 years daughter of the first informant was missing from the house since 8.00 p.m. on 13.5.1992. after search she could not be traced out then the information of her missing was given to the control room on 14.5.1992, thereafter again the search was made, the dead body was found at the place of garbage. According to the post mortem examination report the deceased has sustained four ante mortem injuries, during investigation the statement of some witnesses were recorded by the I.O. and spot inspection was also done by him. The I.O. collected the circumstantial evidence in which the name of the appellants and other co-accused came to light, on 15.5.1992 the co-accused Kishore Kumar was apprehended by the police and at the pointing out blood stained shirt and underwear having the blood and semen stain were recovered, thereafter at his pointing out the blood stained shalwar of the deceased was recovered, the pieces of brick and concrete, which were blood stained were also taken into possession by the I.O. and its recovery memo were prepared, thereafter raid was made at the house of the accused Rajan alias Rajendra. He was also arrested by the police and from his house one underwear was recovered, country made pistol was also recovered, on the same day the accused Gorakh was arrested at the pointing out his underwear was recovered, the co-accused Rakesh alias Pappu was also arrested on the same day and at his pointing out one underwear and baniyan having the blood and semen stain were recovered from a room of his house. The heirs of the accused Rakesh Kumar Sharma were cut by the barber, its sample was taken for the purpose of comparing it with the heirs recovered from the place of occurrence. In support of the prosecution version seven witnesses have been examined and from the side of the defence D.W. 1 Panmati and D.W. 2 Kalawati have been examined.
The accused Kishore Kumar, Rajendra and Rakesh Kumar Sharma and Gorakh were medically examined on 15.5.1992, the accused Kishore Kumar had sustained five injuries in which injury no.1 was multi scabbed linear abrasion on the right side of the chest, injury no.2 was scabbed liner abrasion on the left side of the back, injury no.3 was abrasion on the left side of the forearm, injury no.4 was multiple abrasion scabbed 2 in number on the left shoulder and injury no.5 was abrasion on the front aspect of the penis 2 cm above from the tip of penis, all the injuries were simply caused by hard and blunt object, duration was about 2 days. The accused Rajendra had sustained two injuries in which injury no.1 was scabbed abrasion on interior aspect on the left arm, injury no.2 was abrasion on the covering skin of the penis 4 c.m. above from the tip of penis, all the injuries were simple in nature caused by heard and blunt object duration was about 2 days. The accused Rakesh had sustained five injuries, in which injury no.1 was simple abrasion scabbed in 2 number on the left side of the chest, injury no.2 was scabbed abrasion on the left side of the back, injury no.3 was scabbed abrasion on the right side of the back, injury no. 4 was scabbed abrasion on the left side of the back, injury no.5 was abrasion on the upper part of the penis, all the injuries were simple in nature caused by hard and blunt object, duration was about 2 days old.
The co-accused Gorakh has sustained six injuries in which injury no.1 was scabbed abrasion on the right shoulder, injury no.2 was multiple scabbed abrasion on the left side of the back, injury no. 3 was scabbed abrasion on the right side of the back, injury no.4 was contusion on the anterior aspect of the left arm above left shoulder, injury no.5 was abrasion on the lower part of the left knee, injury no.6 was abrasion on the upper part of the gland of penis, all the injuries were simple caused by hard and blunt object duration was about 2 days old. According to the report of the Public Analyst also from the cloths recovered blood and spermatozoa were found, the gravity of the offence is too much and without expressing any opinion on the merits of the case, the appellant are not entitled for bail, their prayer for bail is refused.
Accordingly the bail application is rejected.
Dt. 1.3.2012 NA