Vijay Kumar Verma, J. - (1.) THIS bail application in crime no. 849 of 2007 under sections 364, 120-B IPC of P.S. Ujhaini, District Budaun has been moved on behalf of the accused-applicant Karan Singh.
(2.) RAHUL aged about six years, grandson of the complainant Raghuveer Prasad s/o Dal Chand, resident of village Januiya (Butal Daulat), P.S. Ujhaini, District Budaun disappeared on 17.06.2007 while he was playing with other children. A missing report (gumshudgi) about the disappearance of RAHUL was lodged by his grandfather Raghuveer Prasad at P.S. Ujhaini on 18.06.2007, which was lodged in G.D. No. 34 at about 4.00 p.m. Subsequently, on the same day the case was converted and registered under section 364 IPC against unknown persons at crime no. 849 of 2007. The allegation against the applicant Karan Singh is that he along with his companions kidnapped RAHUL and after his arrest, on his pointing out, wearing clothes of RAHUL were recovered. I have heard Sri Onkar Nath, Advocate appearing for the applicant, learned A GA for the State at length and perused the entire material on record carefully. The main submission made by the learned counsel for the applicant in support of the bail application was that the applicant is not named in the FIR and no allegation was made against him in the earlier statement of complainant about kidnapping Rahul, but subsequently, due to enmity of litigation, he has been falsely implicated in this case by showing false recovery of wearing clothes of Rahul on his pointing out.
(3.) IT was further submitted by the counsel for the applicant that recovery of wearing clothes of the kidnapped child is said to have been made after a gap of more than six months and during this long gap, the colour of the clothes might have become fade and it was not possible for the father and the grandfather of kidnapped child to identify the clothes. It was also submitted by the learned counsel that allegation of demand of ransom from the complainant was made against some other persons, who have been granted bail by the lower court, whereas the applicant did not make any demand of ransom from the complainant or any other person.;