- (1.) Heard Sri Piyush Srivastava, learned counsel for the applicant, learned A.G.A. of the State of U.P. This bail application has been filed by the applicant Jai Chand with a prayer that he may be released on bail in case crime no.204 of 2009 under Section 364-A I.P.C. P.S. Babu Purwa district Kanpur Nagar.
(2.) The facts in brief of this case are that the F.I.R. of this case has been lodged on 10.5.2009 at 9.30 p.m. in respect of the incident allegedly occurred on 7.5.2009 at about 6.00 a.m. alleging therein that one Nazir, brother of the first informant, was missing since 6.00 a,m on 7.5.2002, in the night of 8.5.2009 a mobile call was received of mobile no. 9832505248, which was sent by mobile no.9026836556, a massage was given that his boy was kidnapped, he will have to pay an amount of Rs. 20 lacs as ransom, by the same mobile the alleged kidnapped person was permitted by the coaccused persons to talk with the first informant who stated that he was kidnapped by some unknown persons and they were demanding ransom. The alleged kidnapped person was recovered on 1.5.2009, the officer in charge of the police station Bakewar district Etawah got information through a mukhbir that the kidnapped boy namely Nazir is in the custody of 12-13 armed miscreants in a jungle near the village Sarangpur, on that information, the police party raided on the above mentioned Jungle and heard the sound of weeping and beseeching of the kidnapped boy, the miscreants was challenged by the police party then the miscreants fled away leaving behind the alleged victim persons in the jungle, one miscreants was apprehended at about 5.05 p.m. who disclosed the name of Jai Chand son of Gaya Prasad(applicant), from his possession one country made pistol of 315 bore and 60 tablets of intoxicant have been recovered, the alleged kidnapped person also disclosed his name and address and narrated the whole story, he had made allegation against the applicant Jai Chand, who kidnapped him in a pre-planned manner. He disclosed the name of several co-accused persons also.
(3.) It is contended by the learned counsel for the applicant that the applicant is not named in the F.I.R. There is no direct evidence against him, the only evidence against him is that he was apprehended by the police, at the time of recovery of the alleged kidnapped person, the alleged kidnapped person disclosed the name of some other persons. The applicant has disclosed the name of some other co-accused persons in which co-accused Azaz alias Rahul alias Javed has been released on bail by another bench of this Court on 18.6.2010 in criminal misc. bail application no. 5259 of 2010 and the co-accused Ashan Kumar alias Bhoora Pal has been released on bail on 9.4.2010, therefore, the applicant may be released on bail. He is in jail since 23.5.2009. It is further contended that thee is no allegation against the applicant of demand of ransom. In reply to the above contention it is submitted by the learned A.G.A. that it is a case in which a boy was kidnapped on 5.7.2009, he was illegally detained by the applicant and other co-accused persons, he was recovered by the police on 23.5.2009 from the custody of the applicant. The applicant was apprehended on the spot whereas the other co-accused persons successfully escaped from the jungle, the kidnapping was made for realising the ransom. The case of the applicant is distinguishable with the case of the co-accused, who have been released on bail, they were not apprehended by the police at the time of recovery of the alleged kidnapped boy and they were having no criminal antecedents whereas the applicant is having criminal antecedent, therefore, the applicant may not be released on bail.;