Headnote
AI-drafted · Reviewed and approved
The applicant sought regular bail in two FIRs (No. 108/2019 and 109/2019) registered at PS Paschim Vihar (West) under Sections 302/201/380/411/120B/34 IPC, arising from the murder of a married couple, Gurmeet Singh and Jagir Kaur, whose dead bodies were found packed in bags/suitcases in a waste drain in March 2019. The prosecution alleged that the main accused, Davinder Kaur @ Sonia (daughter of the deceased) and her paramour Prince Dixit @ Vikram, conspired to kill the deceased over property disputes and roped in the applicant and one Diwakar by offering Rs. 50,000/- each. The applicant was alleged to have actively participated in the smothering of the deceased and the disposal of the bodies, and was arrested on 12th March 2019.
The applicant contended that he had been falsely implicated solely on the basis of the confessional statements of the two main accused, which were alleged to be ridden with contradictions, and that he was not present in Delhi on the relevant dates. The prosecution relied upon recovery of earrings of deceased Jagir Kaur and mobile phone of deceased Gurmeet Singh from the applicant's residence in Lucknow, identification of recovered articles in a Test Identification Parade, and the applicant's own disclosure statement acknowledging receipt of money from the main accused.
Charges were framed under Sections 302/392/201/34 IPC by the Additional Sessions Judge, Tis Hazari Courts, Delhi in both FIRs against the applicant along with the other accused persons. The Delhi High Court considered the bail applications in the context of the gravity of the offences, the nature of evidence, and the applicant's role as alleged by the prosecution.
Catchwords:
bail · murder · smothering · conspiracy · double homicide · recovery of stolen articles · Test Identification Parade · disclosure statement · Indian Penal Code · Section 302 · Section 201 · Section 120B · Section 34 · Section 380 · Section 411
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