MANOJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri A. Kumar Singh learned counsel for the applicants and learned A.G.A.

(2.) This application is filed by the applicants with a prayer that they may be released on bail in case crime No. 76 of 2004, under Sec. 364A I.P.C., P.S. Kasganj, Etah.

(3.) From the perusal of the record it reveals that in the present case one boy namely Rinkoo alias Yash Gupta was kidnapped for the purpose of realising ransom on 5.3.2005. Its information was given to the police station concerned on 14.3.2005. Man Singh, SHO, P.S. Kasganj along with some police personnel reached near Mohalla Durga Colony. When they were in search of alleged kidnapped boy, they got information through mukhbir khas that some of the miscreants will come in a mango's garden situated near the side in vicinity of village Wazirpur at about 11.00 a.m. on 14.3.2005 and he gave the information that if they are surrounded, the kidnapped boy may be recovered, relying upon that information the first informant and others came at that place and they surrounded the mango's garden and saw the person who were sitting inside the garden, thereafter, a challenge was given by the first informant and gave a warning that all the miscreants were surrounded by the police. Thereafter, at the exhortation of the miscreants four shots were discharged at the police party, but the police personnel successfully saved by not receiving any injury, but the four miscreants were arrested by the police after using necessary force at about 12.10 p.m. on 14.3.2005, but two miscreants escaped from the place of occurrence. The applicants and two co-accused were arrested and they disclosed their names and addresses. From the possession of the applicant Anand one country made pistol of 315 bore having empty cartridge in its barrel was recovered and from the possession of the co-accused Manoj also one country made pistol of 315 bore having empty cartridges in its barrel was recovered and at their pointing out recovery of alleged kidnapped boy Rinkoo was made from the hut which was on the bank of river Ganga. The first informant tried to collect the public witness, but due to fear of the accused no person was ready to become witness.