High Court of Judicature at Allahabad
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Shiv Singh @ Handu v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 12011 of 2005  RD-AH 7150 (3 April 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Shiv Singh @ Handu involved in case Crime No. 31 of 2005 under section 364 I.P.C., Police station Tappal, district Aligarh.
Heard Sri P.C. Srivastava, learned counsel for the applicant and the learned AGA and have perused the record.
On March 11, 2005 at about 11.45 a.m. the informant's son is alleged to have been abducted by the applicant and co-accused while he was returning home from school during recess period. It is alleged that the applicant was captured along with the kidnapped boy the same day. The learned counsel for the applicant argued that there is no allegation that the abduction was with with intention to kill and for ransom. The learned counsel for the applicant pointed out that on July 27, 1994 the applicant had executed sale deed in favour of the mother of the abducted child and a sum of Rs.1,00,000/- was due to the informant and his wife which was not being paid on repeated demands and the applicant has been falsely implicated for that reason. The learned counsel for the applicant submitted that in the general diary of arrest of the applicant there is no mention about the recovery of the abducted boy.
The learned AGA submitted that the applicant took away the boy and was captured at the spot and recovery of boy was made from his possession.
I have taken into considerations the submissions advanced on behalf of both sides.
There is no allegation that abduction of boy was with intention to kill or for ransom. The applicant had executed sale deed in favour of the mother of the kidnapped child in the year 1994. On behalf of the applicant it is stated that the amount of Rs.1,00,000/- towards consideration of the said sale transaction was due against the informant. Having taken into consideration all these facts and circumstances, I consider it to be a fit case for grant of bail.
Let the applicant Shiv Singh @ Handu involved in case Crime No. 31 of 2005 under section 364 I.P.C., Police station Tappal, district Aligarh be enlarged on bail on his furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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