- (1.) Heard Shri T.P. Singh, learned Senior Advocate assisted by Shri Tarun Kumar Srivastava, for the applicant, Shri Deepak Dubey, for the first informant and Learned AGA for the State. This application has been filed on behalf of the applicant seeking bail in case crime no. 260 of 2015, under Sections 364-A, 120-B, 395, 412 and 342 IPC, Police Station Kotwali, District Allahabad. A first information report was lodged on 06.09.2015 that the younger brother of the first informant was kidnapped for ransom on 05.09.2015 by unknown persons and a demand for ransom had been made from the mobile phone of the abductee. The car of the abductee was recovered from the parking of the Hanuman Mandir at Sangam.
(2.) On 07.09.2015, the SHO, Ashothar, District Fatehpur as also the team of the Crime Branch, Fatenpur and a police team from Allahabad received information at a person kidnapped from Allahabad was being kept in a farm house of Vineet Singh Parihar at Sarkandi. On the basis of the information received, the police teams, on reaching the farm house, found one Alto Car No. UP 70-BY 1496 and it arrested four persons including the applicant and recovered a 9 mm pistol from his person. On the pointing out of these persons, the abductee was also found in a locked room. It appears that initially FIR was lodged under Sections 364-A and 120-B, however later other sections were also invoked. It is further the prosecution case that on 18.09.2015 the brief case of abductee, his ring, wrist watch and other articles were recovered on the pointing out of the applicant from the farm house where the abductee had been held. Shri T.P. Singh, learned Senior Advocate has submitted that the applicant who is the son of practising lawyer is conducting cases on behalf of Bablu Srivastava, a mafia don. It is on account of this fact that the applicant's son has been falsely implicated in the case. Bablu Srivastava is in jail for more than 20 years and is entitled for parole. A writ petition in this regard was filed before this Court wherein the State Government has been directed to consider the question of grant of parole. Since the authorities do not want to release Bablu Srivastava, therefore, this case has been concocted so as to provide material for refusing parole to Bablu Srivastava.
(3.) It is next submitted that there is no independent witness regarding arrest and recovery of the abductee from the farm house of Vineet Singh Parihar. In fact the mother of the applicant who had suffered a paralytic attack/ is undergoing treatment in Delhi. The applicant was on his way to Delhi to see his mother when he was stopped at Fatehpur for checking the registration papers of car and thereafter he has been falsely implicated in the instant case. The FIR itself was lodged with a delay of 24 hours. Elaborating further on the question of false implication, it has been submitted that an application had been filed praying therein that when the applicant was taken on police remand his counsel may be permitted to accompany him. On this application, certain directions were issued. Despite these direction, the father of the applicant who is also a lawyer, was not permitted to accompany his son and the alleged recovery at pointing out of the applicant has been made again in the absence of either the counsel for the applicant or any other independent witness. This shows the mala fides of the police and strengthens the case of false implication of the applicant. It is next submitted that no identification parade has been held nor the statement of the abductee recorded, under Section 164 Cr.P.C. The applicant is in jail since more than 4 months. His elder brother, a practising lawyer, had also been falsely implicated in the case on the allegation that had made the demand for ransom, using the phone of the abudctee. The brother has already been granted bail by this Court. The applicant is, therefore, also entitled to bail on the ground of parity.;