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Kamal Singh And Another � v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9177 of 2007  RD-AH 8544 (7 May 2007)
Applicants, Kamal Singh and Vipin have applied for bail in this case crime no.40 of 2007 under sections 363 and 366, I.P.C. police station Loha Mandi district Agra.
Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Rahul Sahai for the complainant.
The facts relevant for disposal of this bail application are that on 13.2.2007 Ved Prakash lodged a first information report against accused Smt. Vimla Devi and her sons RAvindra, Kamal and Vipin with these allegations that on 10.2.2007 Smt.Vimla Devi who was neighbour of the informant came to his house and took her daughter Suman alias Gudia aged about 16 years from his house and thereafter her son Ravindra took Suman on a scooter. Kamal and Vipin had also accompanied them. This incident was seen by Murari Lal and Tara Chand. Upon inquiry Smt.Vimla told Ved Prakash that her sons had taken Suman with them and she would return back, but when she did not return back Ved Prakash lodged the report on 13.2.2007 at Police station Loha Mandi, Agra.
The applicants have alleged that Suman was not minor but she is major and her date of birth is 19.10.1984, as is apparent from photostat copy of her high school marksheet, Annexure no. 4 to the affidavit filed in support of this application. It has also been alleged that co-accused Ravindra Kumar and Suman had performed their marriage at Arya Samaj, Raja Mandi, Agra on 10.2.2007. Phostat copy of the marriage certificate has been filed as Annexure no.2 to the affidavit. It further appears that Smt. Suman had filed Criminal Misc. Writ Petition no. 2411 of 2007 before this Court. A copy of the order dated 14.3.2007 passed by this Court in that writ petition has been filed as Annexure no.3 to the affidavit. It appears from perusal of that order that A.G.A. had filed counter affidavit in the above petition asserting that according to high school certificate Suman was major and her date of birth is 19.10.1984 and respondent no.4,i.e. informant had failed to file any counter affidavit to substantiate his assertion that Suman was minor.
It was submitted by the learned counsel for the complainant that Suman has not been recovered so far and her whereabouts are not known, so bail application of the applicants should not be granted.
It may be mentioned that bail application of the applicants has been rejected by the Sessions Judge on this very ground.
However, it is to be seen that Suman had filed Crl. Misc. Writ Petition no. 2411 of 2007 before this Court and in that writ petition she had given her address. Her address is also noted in the photostat copy of the marriage certificate filed as Annexure no.2 . The Investigating Officer may make inquiry from her at the above address. It is not such a case where the accused, with the kidnapped girl might have been absconding. Ravindra and Suman appeared in Court and gave their statements that they have married each other out of their free will.
Without expressing any opinion on the merits of the case, I am of the view that the applicants, who are brothers of the main accused, Ravindra, have got a good case for grant of bail.
Taking into consideration the facts and circumstances of the case I hereby order that the applicants named above be released on bail in the aforesaid case on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
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