High Court of Judicature at Allahabad
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Pankaj Goshwami v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 5244 of 2005  RD-AH 8975 (4 May 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Pankaj Goswami involved in case Crime No. 1657 of 2004 under section 364 I.P.C., Police station Prem Nagar, district Jhansi.
Heard Sri Lal Chandra Mishra, learned counsel for the applicant and learned AGA and have perused the record.
The complainant's eight years old son disappeared and report of disappearance was lodged on 2.11.2004. The applicant and co-accused Sagar Ahirwar were arrested in a police encounter and at their pointing out recovery of kidnapped child was made from Atarian Jungle. Four other culprits managed to escape from the venue of recovery.
It was argued on behalf of the applicant that co-accused who managed to escape from the place of recovery, have been granted bail and the case of the applicant is similar to those co-accused. It was submitted that the complainant in his statement recorded before the court has denied that the recovery of the child was made from the custody of the applicant. The learned counsel submitted that the applicant is in jail for the last about one and half years. It was pointed out that the kidnapped child was neither interrogated by the Investigating Officer nor he has been examined as a witness before the court.
The learned AGA submitted that the recovery of the child was made at the pointing out of the applicant and co-accused.
I have taken into consideration the submissions advanced on behalf of both the parties.
The applicant is in jail for the last one and half year. The recovery of the kidnapped child is alleged to have been made from the custody of the applicant and co-accused. The complainant in his statement recorded before the court has denied that the recovery of the child was made from the custody of the applicant.
In view of these facts, I consider it to be a fit case for bail.
Let the applicant Pankaj Goswami 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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