Petitioners are accused nos.4 and 7 in Crime No.373 of 2014 of the Chandera Police station for the offences punishable under Secs.346, 364A, 307, 120B and 109 read with Sec.34 of the Indian Penal Code, apprehend arrest and have filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 25.04.2014 one Abdul Nazar was kidnapped, was detained in illegal custody for about 17 days and demanded ransom for his release.
3. Learned counsel submitted that the allegations are not true. It is submitted that there is a property transaction between the defacto complainant and the 1st petitioner and concerning that property, wife of the 1st petitioner filed a suit against the defacto complainant when the latter attempted to grab the property. Due to that, the petitioners are falsely implicated.
4. Learned Public Prosecutor in response submitted that as per version of the defacto complainant, the 4th accused assaulted him while the 6th accused is involved in the act of abduction. Accused nos.5 and 7 are involved in criminal conspiracy. Some of the accused are already arrested, questioned and later released on bail as per order of this Court.
5. True, learned counsel has a contention that it is possible for the defacto complainant to falsely implicate anybody if his version is accepted. That certainly is a matter which the investigating officer has to look into. At this stage, I cannot pronounce verdict on truth of the case alleged or the case stated by the petitioner against the defacto complainant. Having regard to the facts and circumstances, request of these accused for pre arrest bail cannot be allowed.
6. But it is directed that incase these accused are arrested, they shall be produced before the jurisdictional magistrate as early as possible.
The application is disposed of with the above direction.
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THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge