IDNRASAN versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Idnrasan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20735 of 2006 [2006] RD-AH 16972 (27 September 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant Indrasan   indicted in case crime No. 594  of  2006  under sections 363, 366  I.P.C. P.S. Gulaharia  District Gorakhpur .

Heard Shri Kamlesh Kumar Tiwari , learned counsel for the applicant, learned A.G.A.  and have perused the record.

The learned counsel for the applicant submitted that he was lifted by the police from his house on 11.8.2006 at 9.30 P.M. and telegram was sent to the S.S.P. Gorakhpur on 14.8.2006 at 11.50 A.M. The learned counsel argued that First Information Report was lodged after the arrest of the applicant. The learned counsel contended that incident is said to have taken place on 8.8.2006 whereas the First Information Report  was lodged on 14.8.2006.

The learned A.G.A. argued that the girl is still untraceable. The learned counsel pointed out that the allegations of concealment of girl and co-accused Durgesh Nai have been made against the applicant.

I have taken into consideration the submissions advanced on behalf of both the parties.

The First Information Report was lodged six days after the incident. There is telegram dated 14.8.2006 sent at 11.50 A.M. to the S.S.P. Gorakhpur about taking away of the applicant on 11.8.2006. The applicant is not related to the co-accused Durgesh Nai. In view of these facts, I consider it to be a fit case for bail.  

Let the applicant Indrasan   indicted in case crime No. 594  of  2006  under sections 363, 366  I.P.C. P.S. Gulaharia  District Gorakhpur , be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/20735/06

27.9.2006

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