RAVINDRA SINGH,J. - (1.) HEARD Sri S. Azam Lari, learned Counsel for the applicant and the learned A.G.A.
(2.) THIS is an application filed by the applicant Nand Lal with the prayer that he may be released on bail in Case Crime No. 227 of 2004 under Section 364 I.P.C. P.S. Bishanpura District Kushinagar. From the perusal of record it reveals that in the present case an F.I.R. was lodged by Jawahar Lal on 22 -7 -2004 at 2.45 a.m. in respect of the incident which had occurred in the night of 21/22 -7 -2004 at about 10 p.m. The distance of the police station was about 9 km. from the alleged place of occurrence, in which the applicant was is not named whereas four persons were named in the F.I.R. and about five miscreants were unknown. In the said incident two persons namely Santosh and Kamal Chauhan were abducted by the miscreants. Subsequently, the victim Santosh and Kamal Chauhan were recovered on 24 -7 -2004 and they have disclosed the name of the applicant as an accused.
(3.) IT is contended by the learned Counsel for the applicant that the applicant is not named in the F.I.R. and four persons who were named in the F.I.R. are not charge -sheeted. The charge -sheet has been submitted only against the applicant and the applicant was not put up for identification as at the time of the recovery of the alleged abducted persons the applicant was not arrested. The applicant has been falsely implicated due to ill will.;