Citation : 2012 Latest Caselaw 2225 ALL
Judgement Date : 25 May, 2012
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- BAIL No. - 6698 of 2011 Petitioner :- Ram Niwas And Another Respondent :- The State Of U.P. Petitioner Counsel :- Rakesh Kumar,Ashish Tripathi Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and the learned A.G.A.
It is contended by learned counsel for the applicants that the FIR of this case has been lodged on 31.12.2010 at 7.05 P.M. in respect of the incident allegedly occurred on 24.12.2010, it is alleged that daughter of the first informant namely Kumari Shalindri has been kidnapped by co-accused Kunnu. The allegation against the applicants and other co-accused is that they also have their cooperation in commission of the alleged offence. According to the statement of the first informant recorded under section 161 Cr.P.C. his daughter was seen in the company of the Kunnu by Sandeep and others. Neither the Kunnu nor Km. Shalindri have been traced out. According to school record the date of birth Km. Shalindri is 30.7.1993, at the time of the alleged incident she was aged about 17 and half years. The applicants is in jail since 24.3.2011. The case of the applicants is distinguishable with the case of co-accused Kunnu. The applicants are not having any criminal antecedent.
In view of the facts, circumstances of the case, submissions made by the learned counsel for the applicants and without expressing any opinion on the merits of the case, the applicants are entitled to be released on bail.
Let the applicants Ram Niwas and Subhash Chand involved in case crime no. 643 of 2011 under Sections 363, 366, 368 I.P.C. and section 3(1)12 of SC/ST Act, P.S. Rampur Mathura, District Sitapur be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned with the conditions:
1.that they will not temper with the evidence and
2.they shall report to the court of C.J.M. concerned in the first week of each month to show their good conduct and behaviour till conclusion of the trial.
Order Date :- 25.5.2012
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