- (1.) RAVINDRA Singh, J. Heard Sri P. C. Srivastava, learned Counsel for the applicant and the learned standing Counsel.
(2.) THIS application has been filed by the applicant Vijay Pal alias Vijay Singh with the prayer that he may be released on bail in case crime No. 121 of 2005 under Section 364 A and 411 I. P. C. P. S. Hasanpur district J. P. Nagar. From the perusal of the record it reveals that in the present case F. I. R. was lodged by one Om Prakash at P. S. Hasanpur on 12-2-2005 at 1. 10 a. m. , in respect of the incident which had occurred on 12-2-2005 at 9. 30 a. m. in the jungle of village Raja Nagal in which one boy namely Rinkoo aged about 11 years was kidnapped. According to the prosecution version one Rinku aged about 11 years, a student of Class III was going to his school of village Bhadaura at about 9. 30 a. m. When he reached near the field of one Lalloo Prasad two unknown miscreants riding on a motor cycle came there and by force lifted the boy and after putting him on the motor cycle run away. The other school going boys made hue and cry then some persons chased them but the miscreants could not be apprehended. That boy was recovered on 8-3- 2005 by the police. The recovery was made after three and half weeks. Thereafter he was handed over to her parents. The boy was under fear. His statement was recorded in which he disclosed the name of the applicant and others co-accused namely Satish, Satyapal, Ashok and Vinod. He categorically stated that he had identified them. He was kidnapped by them. The statement of Smt. Premwati, mother of the kidnapped boy was recorded. The applicant has surrendered on 15-4-2005. He was taken in police remand and on his pointing out Rs. 40,000/-amount of ransom was recovered it was paid to the applicant as a share and because there was demand of Rs. 3 lakhs. The boy was recovered after the transaction of the aforesaid amount as ransom.
(3.) THE recovery of Rs. 40,000/-was made in the presence of the independent witnesses. It is contended by the learned Counsel the applicant that the applicant is not named in the F. I. R. The alleged kidnapped boy has been recovered by the police. The recovery was not made from the possession of the applicant. The allegation of ransom was made by the first informant in his third statement recorded by the Investigating Officer under Section 161 Cr. P. C. He did not make any allegation in respect of ransom in his earlier two statements recorded by the Investigating Officer. It is further contended that the recovery of Rs. 40,000/-as shown by the prosecution as the amount of ransom is false because it is the amount of the applicant which has been taken from his house by the police.;