OMVIR BHIHARI IN JAIL Vs. STATE OF U P
LAWS(ALL)-2006-5-11
HIGH COURT OF ALLAHABAD
Decided on May 25,2006

OMVIR, BHIHARI (IN JAIL) Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Ravindra Singh, J. - (1.) This application is filed by applicant Omvir with a prayer that he may be released on bail in case crime No. 245 of 2005, under Sections 365, 302/34 I.P.C., P.S. Khurja Nagar, District Bulandshahar.
(2.) The prosecution story, in brief, is that in the present case the F.I.R. has been lodged by one Bhanu Pratap Singh, on 26.6.2005 against the applicant under Sections 365/34 I.P.C., but subsequently, the case was converted under Section 302/34 and 365 I.P.C. It is alleged that on 26.6.2005 at about 6.30 a.m. Smt Santosh Devi the wife of the first informant along with her daughter Km. Rachna had gone to Bhuteshwar temple to offer the worship as usual. One maruti van was already parked at the gate of the temple, in which Ved Prakash and 4 other young men were sitting. The wife of the first informant Smt Santosh Devi was forcefully dragged in the van and taken away. The alleged occurrence was witnessed by Km Shashi Goswami and Thakur Jaipal Singh and others. The witness Km. Shashi came to the house in weeping condition and narrated the whole story to the first informant. The applicant is named in the F.I.R. Prior to the alleged occurrence the deceased was abducted by the applicant and others, but she was recovered. Its case is pending. The search of the deceased was made by the first informant and others, but she could not be traced out, then the F.I.R. was lodged.
(3.) Heard Sri Ram Babu Sharma learned Counsel for the applicant and learned A.G.A. for the state of U.P. and Sri Sanjay Srivastava learned Counsel for the complainant.;


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