Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application has been moved on behalf of Vijai Dharkar, who is accused in Case Crime No. 295 of 2008 under Section 364 I.P.C., Police Station Rohaniya District Varanasi and is in jail since 04.10.2008.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and he has been falsely implicated in the present case by the father of the kidnapee although the kidnapee was recovered on the same day.
It has further been contended that the statement of the kidnaped childunder Section 161 or 164 Cr.P.C. has not been recorded and there is absolutely no evidence indicating the involvement of the applicant in the instant case.
It has lastly been contended that the applicant has no criminal antecedents.
The prayer for bail has been vehemently opposed by learned A.G.A.
Considering the nature of submissions made by learned counsel for the applicant and the fact that the applicant has no criminal antecedents and the kidnapee was recovered within 3 or 4 hours of his alleged kidnaping, this court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Vijai Dharkar, son of Sewa Lal, involved in Case Crime No. 295 of 2008 under Section 364 I.P.C., P.S. Rohaniya, District Varanasi, 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 subject to the following conditions:
1. The applicant shall record his attendance before the concerned C.J.M. on the 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial and will not seek any unnecessary adjournment.
Order Date :- 6.1.2010 YK