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Kamal Singh And Another � v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9177 of 2007 [2007] RD-AH 8544 (7 May 2007)


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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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