AKHAND PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A.

(2.) Learned counsel for the applicant submitted that the applicant is innocent. He has been falsely implicated. There is no evidence against the applicant. However, the applicant has been made accused only on the basis of confessional statement of co-accused. There is no evidence collected by the investigating agency to implicate the applicant in the present case. There is no evidence to involve the applicant in the abduction of the abductee. The only allegation against the applicant by the investigating agency is that the portico of the house from where the abductee was recovered was owned by the applicant and the co-accused Naresh Thakur is the driver of the applicant. In fact, the applicant at present is residing at silver city sector 93A, Noida, District Gautam Budh Nagar and since long back he has not been residing at his house situated at Pandav Nagar, Meerut. The counsel further submitted that no test identification of the applicant has been conducted in order to prove the complicity of the applicant in the present case. That nothing has been recovered from the possession of the applicant from his pointing out. The applicant is in jail since 17.02.2013. The applicant is entitled to be enlarged on bail.

(3.) Learned A.G.A. opposed the bail application and submitted that as per the prosecution story, the applicant is involved in case crime no. 365 of 2013 under section 364 A IPC. Initially in the present case, a missing report regarding missing of Rathin Basu was given by one Sri Sunil Mathur at P.S. Sector 58 Noida on 15.03.2013 at 22.15 p.m. In the report it is alleged that Sri Rathin Basu is missing since he left his office at about 19.45 p.m. on 15.03.2013. It is also stated that Sri Mathur called up Rathin Basu on his mobile but he did not answer his call properly. That again on 15.03.2013 at about 23.20, Sri Sunil Mathur stated that Rathin Basu talked to his wife and told her that he had been kidnapped by unknown persons. In pursuance of the above mentioned information, a case was registered at crime no. 365 of 2013 under section 364A IPC. That thereafter an information was received at P.S. Sector 58 Noida through R.T. set that abductee was recovered from within the jurisdiction of P.S. Civil Lines, Meerut. The investigating Officer immediately arrived at Meerut and then came to know that in the night between 15/16-03-2013 at about 3.00 p.m. abductee Rathin Basu and driver Ram Babu recovered and the police has also arrested other co-accused persons from the house no. 503 Pandav Nagar, Meerut, who belonged to the applicant. The applicant was actively involved in the kidnapping of the abductee and this fact was also supported by the statement of the abductee. No sufficient ground to release the applicant on bail.