DURGESH KUMAR TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Mr. V.P. Srivastava, learned senior Counsel for the Appellant and the learned A.G.A. and perused the judgment and order of the lower court.

(2.) MR . V.P. Srivastava, the learned senior Counsel for the Appellant submitted that the Appellant was kidnapped by the S.T.F. on 1.9.2008 at bout 4.00 P.M. and the Appellant's father lodged an F.I.R. against unknown persons on 1.9.2008 itself at about 10.15 P.M. at police station Khalilabad Kotwali, district Sant Kabir Nagar, on which basis the police registered a case under Section 364 IPC much before the alleged recovery from the Appellant was shown to have been made on 2.9.2008 at about 3.10 P.M., therefore, apparently the present case has been concocted by the S.T.F. to harass the Appellant. The Sessions Judge, taking all these facts into account, enlarged the Appellant on bail who continued on such bail during the trial and never abused the same. Mr. Srivastava further submitted that the Appellant is presently in jail from 21.2.2011 and there is no prospect of the appeal being heard in near future due to heavy dockets. Mr. Srivastava lastly submitted that the Appellant is a student and has no criminal history. It was also submitted that in view of the cross version, the recovery is highly doubtful.

(3.) MORESO , there does not appear to be any reasonable ground to believe that the Appellant will tamper with the witnesses or abscond, if released on bail.