Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35326 of 2013 Applicant :- Pooran Singh Lodhi Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Sengar,Raj Kumar Vaishya,Sanjay Kumar,Suresh C. Dwivedi Counsel for Opposite Party :- Govt. Advocate Hon'ble Ram Surat Ram (Maurya),J. Supplementary affidavit filed today, is taken on record.
Heard Sri Raj Kumar Vaishya for the applicant and A.G.A. for State of UP.
Counsel for the applicant submits that the applicant Pooran Singh Lodhi is in jail since 3.6.2012 in Case Crime No. 842 of 2012, under Section 364 A, 302, 109 IPC P.S. Kotwali Orai, Distt. Jalaun.
FIR of the incident was lodged on 3.6.2012 at 1945 hours by the brother of the abductee Raj Kumar. According to the FIR, Raj Kumar was missing since 2.5.2012. On 2.6.2012 a letter in the envelop of marriage was found inside boundary wall of the first informant in which it had been mentioned that Raj Kumar was abducted and a ransom of Rs. 30 lakh was demanded and a threatening was also given not to give any information to the police. It is alleged that after registration of FIR, the police came in action and through some informant, an information was received to the police that accused were waiting someone at bye pass crossing on which police along with informant came at bye pass crossing. Then they arrested Rajesh son of Uma Shankar and Puran son of Bansidhar Lodhi, the applicant. The applicant and other co-accused have made confession and become ready to get the abductee recovered. Thereafter the police party along with the applicant and other co-accused proceeded in village Kodapurwa, where abductee was caught. At about 1:00 hours, when they left 50 paces of village Kodapurwa, then 4-5 gun shot fire was made and one of the assailant made noise that police had come and then they killed the abductee and ran away. Thereafter police reached the spot and found that the abductee was dead. The police has also arrested Babloo from the spot on 3.45 hours. Babloo has disclosed the names of Rajesh, Shiv Singh and Khilauna, the co-accused.
The counsel for the applicant further submits that the applicant was resident of village Kharsauli , distt. Hamirpur and his wife was resident of village Ajnara distt Jalaun. He was on the way of Ajnara , when he was arrested by the police of the police at Churki Chauraha within the limit of Orai and was falsely implicated in this case only for the reason that the applicant was not ready for becoming witness in this case. He submits that there is absolutely no evidence to connect with the applicant either with abduction or demand of ransom. So far as custody of abductee is concerned, it was found from the possession of Babloo and other co-accused as stated by Babloo. The applicant is in jail for about 6 years and trial has not been completed till today. There is no public witness of the recovery. The applicant has no criminal history.
On the other hand AGA has opposed the bail application and submits that on pointing out of the applicant, the abductee was recovered from a lonely place. Thus involvement of the applicant in the offence is fully established.
Keeping in view of the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the counsel for the parties and without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Pooran Singh Lodhi involved in Case Crime No. 842 of 2012, under Section 364 A, 302, 109 IPC P.S. Kotwali Orai, Distt. Jalaun be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.4.2018 Rahul /-