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Nand Lal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 2561 of 2005 [2005] RD-AH 3624 (27 September 2005)


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Criminal Misc. Bail Application No. 2561 of  2005

Nand Lal Vs. State of U.P.

Hon'ble Ravindra Singh,J.

Heard Sri S. Azam Lari,  learned counsel for the applicant and the learned A.G.A.

This is an application filed by the applicant Nand Lal with the prayer that he may be released on bail in case crime no. 227 of 2004 under section 364 I.P.C. P.S. Bishanpura district Kushinagar.

From the perusal of record it reveals that in the present case an F.I.R. was lodged by Jawahar Lal on 22.7.2004 at 2.45 A.M. in respect of the incident which had occurred in the night of 21/22.7.2004 at about 10 P.M. The distance of the police station was about 9 k.m. from the alleged place of occurrence. in which the  applicant was is not named  whereas four persons were named in the F.I.R. and about five miscreants were unknown. In the said incident two persons namely Santosh and Kamal Chauhan were abducted by the miscreants. Subsequently, the victim Santosh and Kamal Chauhan were recovered on 24.7.2004  and they have disclosed the name of the applicant as an accused.

It is contended by the learned counsel for the applicant that the applicant is not named in the F.I.R. and four persons who were named in the F.I.R. are not charge sheeted.  The charge sheet has been submitted only against the applicant and the applicant was not put up for identification as  at the time of the recovery of the alleged abducted persons the applicant was not arrested. The applicant has been falsely implicated due to ill will.

It is opposed by the learned A.G.A. by submitting  that in the F.I.R. it is clearly mentioned  that two persons were abducted by nine persons in which four persons were named and five were unknown miscreants. The abducted persons were recovered after  two days of the alleged occurrence because firing has been done amongst the  miscreants. The bone of contention of the  firing was the  abducted persons. Consequently two miscreants were killed in the firing.  On hearing the sound of firing amongst the miscreants, in which two miscreants were killed, the member of the Gram Suraksha Samiti came there.  They killed one miscreants also. The other miscreants ran away leaving the alleged abducted persons who were successfully recovered by them. The alleged abducted persons disclosed the name of the applicant and co-accused Harbind who run away from the alleged place of occurrence. In respect of that incident  the F.I.R. was registered at the police station Dhanha Bihar. The statement of the abducted persons namely Santosh and Kamal Chauhan was recorded who stated that they were abducted  by five persons in which three persons were killed. The applicant and one accused persons successfully ran away from the place of recovery. The applicant is the resident of Bihar. He is having  criminal antecedent as  Case crime no. 20 of 2004 under section 302/34 I.P.C. P.S. Dhanha and case crime no. 285 of 2004 under section 364/120-B I.P.C. P.S. Bishnupur Kushinagar and in case he is released on bail he will not permit the witnesses to give evidence in the court  and there is every chance of his absconding also.

Considering the facts and circumstance of the case and the submission made by the learned counsel for the applicant without expressing any opinion on the merits of the case the applicant is not entitled for bail at this stage.  Accordingly his bail application is rejected

Dt. 27.9.2005



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