Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28282 of 2021 Applicant :- Ajay Singh Patel Opposite Party :- State of U.P.
Counsel for Applicant :- Virendra Singh Counsel for Opposite Party :- G.A.,Jeetendra Singh,Mithilesh Kumar Rai
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri M.K. Rai, learned counsel for the informant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention, in brief, is that the applicant is not named in the first information report but as per factual background of the case, some missing report was lodged on 10.01.2021 stating therein that son of the informant had gone to the canal from where he disappeared. On 12.01.2021, two persons namely Dileep Soni and Ankur Soni informed that the son of the informant was seen in the company of five persons which did not include name of the applicant.
It so happened that dead body of Shivam was recovered from the house of Abhishek and Anand on 12.01.2021. Only evidence against the applicant emerged in the statement recorded under Section 161 Cr.P.C. that some telephonic call was made by the applicant on the mobile phone of one of the co-accused and nothing more against him. The case of the present applicant is distinguishable from five accused who were named by Dileep Soni and Ankur Soni, in regard to involvement in the alleged act of abduction / kidnapping. How can it be said that the applicant was involved in hatching conspiracy in absence of specific version or motive being assigned to the applicant. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and he is languishing in jail since 14.01.2021.
Learned counsel for the informant has contended that all the accused including the applicant were involved in the offence in question and they demanded ransom from the informant. Accused Sunil Sharma is kingpin of the entice incident.
Learned A.G.A. has adopted the contention of the learned counsel appearing for the informant.
Upon consideration of facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Ajay Singh Patel involved in Case Crime No.11 of 2021, under Sections 147, 148, 149, 364, 302, 201, 120B I.P.C., Police Station Khiri, District Prayagraj be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that case of the present applicant is distinguishable from the accused who were named by the witnesses Dileep Soni and Ankur Soni, in the alleged act of abduction / kidnapping.
Order Date :- 27.10.2021 rkg