Pushpendra Singh @ Pintu Singh Chauhan v. State of U. P.
2010-05-26
S.C.AGARWAL
body2010
DigiLaw.ai
Hon'ble S.C. Agarwal, J. 1. Heard Sri Jagdish Singh Sengar, learned counsel for the applicant, learned A.G.A. for the State on 19.5.2010 and perused the record. 2. Learned counsel for the applicant submitted that the applicant is the son of first informant and is the brother of the deceased. The F.I.R. was lodged by father of the applicant against six persons namely Avnish Verma, Sukhlal Verma, Brijesh Pandey, Goldi, B.P. Tiwari and Smt. Siwani, but the investigating officer, in collusion with the accused persons, exonerated them and falsely implicated the complainant and the applicant. It was contended that the deceased Km. Sunaina, the sister of the applicant, was studying in Chanakya Computer College, Rewa, Madhya Pradesh. On 19.2.2009, the said College was raided by the Police and the matter is known as MMS Scandal. The deceased was also the victim of that incident. The accused persons named in the F.I.R. had kidnapped Km. Sunaina and were blackmailing the complainant and were extracting money from him. Money was sent to accused Avnish Verma through his father Sukhlal Verma. It was further submitted that on 25.5.2009, Station Officer of Police Station Bargarh informed the complainant on telephone that the dead body of Sunaina was found. 3. Learned A.G.A. submitted that the deceased died due to strangulation. Sunaina was in love with one Pranjal Dubey. Pranjal Dubey had taken Sunaina to Banda on 10.5.2009 and left her at the house of her relative Neetu. On the same day, applicant took the deceased from the house of Neetu to his home. Learned A.G.A. further submitted that on 23.5.2009 in the evening, witnesses Barati Lal and Dashrath had seen a Jeep no .U.P. 95A - 2199 stopped for a short period in front of the hotel of Barati Lal. A girl wearing a white shirt and black jeans remained sitting in the vehicle and four persons alighted from the vehicle and purchased cold drinks. Next day the dead body of Sunaina was found. 4. On one hand the case of the prosecution is that the applicant took away Sunaina from the house of Neetu on 10.5.2009 and on the other hand the version is changed and it is shown that the applicant was going in a Car with the deceased on 23.5.2009. Witnesses Barati Lal and Dashrath did not name the deceased or the applicant.
Witnesses Barati Lal and Dashrath did not name the deceased or the applicant. Thus, their evidence does not appear to be of much importance. Avnish Verma, the accused in the MMS Scandal, admitted that the complainant Mahendra Singh used to send money to the deceased through his account whereas, the case of the complainant is that money was sent to Avnish Verma in response to blackmail demands. The applicant does not appear to have any motive to kill his sister. 5. In the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it to be a fit case for bail. 6. Let applicant Pushpendra Singh alias Pintu Singh Chauhan involved in case crime no.408 of 2009 under Sections 302, 201, 120-B, 34 I.P.C. pertaining to Police Station Bargarh, District Chitrakoot be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned.