LAWS(ALL)-2005-10-30

MAHESH SHAH Vs. STATE OF U P

Decided On October 04, 2005
MAHESH SHAH SON OF BINDA SHAH (IN JAIL) Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

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

(2.) This application is filed by the applicant Mahesh Shah with a prayer that he may be released on bail in case crime No. 23 of 2004, under Sections 364-A, 368, 114, 120-B I.P.C. and Sections 10/12 DAA Act, P.S. Civil Lines, district Etawah.

(3.) From the perusal of the record it reveals that in the present case the F.I.R. was lodged by Sri Pradeep Yadav, on 31.1.2004 at 8.10 p.m. in respect of the incident which had occurred on 31.11.2004 at 5.30 p.m. The distance of the police station was about 1 km from the alleged place of the occurrence. The F.I.R, was lodged against the co-accused Rrashant who was servant of the first informant. The kidnapped boy namely Subh Yadav aged about 1 years was recovered from the house of the applicant on 6.2.2004. The applicant and one other co-accused person were arrested from the place of the recovery. During investigation it has come in the evidence that the kidnapping was made from the purpose of.realizing of ransom and the recovery was made from Pakari Tiwari Tola, P.S. Basantpur, Disstict Shivan (Bihar). In respect of demand of ransom witnesses Arvind and Baijnath were interrogated who were resident of the same village of the recovery of the kidnapped boy was,who stated that; there was demand of a sum of Rs. 20 lac as ransom.