DHANPAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Radhey Shyam Shukla learned Counsel for the applicant and learned A.G.A.

(2.) THIS application is filed by the applicant Dhanpal with a prayer that he may be released on bail in case crime No. 178 of 2005, under Section 364 I.P.C., P.S. Nigohi District Shahjahanpur.

(3.) ACCORDING to prosecution version one Ram Sewak the real brother of the first informant was kidnapped by the applicant and other co -accused persons. Its information was given by the witness Data Ram. Thereafter, search was made, but the kidnapped person namely Ram Sewak could not be recovered. Therefore, the F.I.R. was lodged. After lodging the F.I.R. the abducted person was recovered from the company of the applicant and other co -accused persons. At the time of the recovery the applicant was arrested and from his possession one country made pistol and cartridges were recovered. He disclosed the name of other co -accused person also. The recovery was made from a jungle by the police where the encounter has taken place between the police party and the miscreants. Thereafter, the statements of the alleged abducted person Ram Sewak was recorded, who supported the prosecution story.