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Raju S/O Sri Chiman Chamar And ... vs State Of U.P.

High Court Of Judicature at Allahabad|13 September, 2005

JUDGMENT / ORDER

JUDGMENT Ravindra Singh, J.
1. Heard Sri B.N. Singh learned counsel for the applicants and learned A.G.A.
2. This application is filed by the applicants Raju and Vinod with a prayer that they may be released on bail in case crime No. 154 of 2004( Sessions Trial No. 11 of 2005), under Sections 364A/34 I.P.C., P.S. Nadigaon district Jalaun.
3. From the perusal of the record it reveals that the in the present caseone Sri Chaturbhuj Shivharey was abducted. The information in respect of missing of Sri Chaturbhuj Shivharey was recorded at P.S. Nadigaon on 5.9.2004 at 4.30 p.m.. Thereafter, on 22.10.2004 the case was registered under Sections 364A I.P.C., because the S.O. Prem Pal Singh came to know that abduction was done by gang of Raghubir for the purpose of realizing the ransom amount. Subsequently, the abducted person namely Chaturbhuj Shivharey was recovered on 7.11.2004 by the police and his statement was recorded in which he stated that he was abducted and his eyes were closed by a cloth and the were miscreants demanding the money as a ransom. He stated that he was abducted by Raghubir Dhimar, Mohan Dhimar, Mata Prasad, applicant Vinod, applicant Raju, Prabhu Lodhi, Jabar Singh and Modi and he was illegally confined, tied by chain for the purpose of realizing the ransom. He was shown beaten by danda and Thappar.
4. It is contended by the learned counsel for the applicant that the applicants are not named in the F.I.R. The abducted person has been recovered without any transaction of ransom and there is no specific allegation in respect of demand of ransom. It is further contended that the applicants were not known to the abducted person prior to the alleged occurrence. He disclosed the names of the applicants on the basis of calling their names by the miscreants and the applicants were not put up for identification. The recovery was not made from the possession of the applicants. The applicants are in jail since 2.12.2004.
5. It is opposed by the learned A.G.A. by submitting that the names of the applicants have been disclosed by the abducted person. He was beaten at the time of his confinement and he has received some injuries and the applicants are having criminal antecedents.
6. After considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants, learned A.G.A. the applicants are not entitled for bail at this stage.
7. Accordingly, the bail application is rejected.
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Title

Raju S/O Sri Chiman Chamar And ... vs State Of U.P.

Court

High Court Of Judicature at Allahabad

JudgmentDate
13 September, 2005
Judges
  • R Singh