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Allahabad High Court · body

2005 DIGILAW 1472 (ALL)

Surendra Singh Yadav, Ujiyare Lal v. State of U. P.

2005-08-11

RAVINDRA SINGH

body2005
RAVINDRA SINGH, J. ( 1 ) HEARD Sri M. C. Chaturvedi and Sri. Dhirendra Singh Rajput learned counsel for the applicant, and the applicant. and the learned A. G. A. ( 2 ) THE applicant has applised for bail in Case Crime No. 568 of 2004 under Section 364 I. P. C. P. S. Auraiya District Auraiya. ( 3 ) FROM the perusal of the record, if appears that in the present case, the F. I. R. was ledged by smt. Sheela Devi against the applicant and 7 other co-accused persons under Section 364 I. P. C. on 29. 10. 2004 at 6. 30 P. M. it is alleged that one Raju Singh son of the first informant was kidnapped from the vicinity of Talaypur on 20. 6. 2003 when he was going to distributes the carde of Terhin of his matemal uncle. He was on his Hero Honda motor cycle. He was kidnapped by the applicant and other co-accused pesons. The kidnapped boy has not been recovered till now. During investigation it has come in the evidence that kidnapping was done by the co- accused collector and Veerpal and there was a demand of ransom. The first informant met the applicant in the lock up where the applicant demanded the rensom because the kidnapped boy was handed over to the applicant by the co-accused Collector and Veerpal and the applicant has paid an amount of Rs. 8000/- to co- accused Collector. The applicant is a criminal and he was involved in some criminal cases. At present, the cases under Sections 147, 148, 149 and 307 I. P. C. and some other cases under Section 364 I. P. C. are pending against the applicant and the kidoapped boy has not been recovered. ( 4 ) THE contention of the learned counsel for the applicant is that in the present case, the F. I. R. is delayed by 16 months and in the report of missing of the alleged boy, the applicant was not named. which has no substance because in such cases, to save the life of the kidnapped or abducted person, the F. I. R. is not promptly lodged and easily names of the accused are not disclosed. which has no substance because in such cases, to save the life of the kidnapped or abducted person, the F. I. R. is not promptly lodged and easily names of the accused are not disclosed. ( 5 ) IN view of the facts and circumstances of the case, the submissions made by the counsel for the applicant and the leaened A. G. A. the applicant is not entitled to be relused on bail. ( 6 ) ACOORDINGLY this bail application Is rejected at this stage. . .