APPU @ DESH RAJ Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Mohammad Khalid, learned counsel for applicant -Appu @ Desh Raj, on his 2nd prayer for bail as the earlier one was dismissed as not pressed on 28.1.2015, and the learned A.G.A.

(2.) Applicant- Appu @ Desh Raj seeks bail in Case Crime No.559/2013, under Sections 364-A/506 IPC, P.S. South District, Ferozabad.

(3.) It is submitted that the applicant was not named in the FIR dated 7.9.2013; the alleged recovery of the victim was shown in the subsequent FIR lodged by the police on 20.9.2013 wherein 6 persons including the applicant were shown to be arrested with co-accused Babloo, a pillion rider driven by appellant Appu @ Deshraj, Rajeev Kumar @ Manth driving a maruti car, Ramu Yadav and Durgesh Kumar and Pintoo Prashant, out of whom Pintoo Prashant was alleged to have detained the victim Rohhit Yadav (P.W.-2). It is further submitted that there is no allegation against the applicant that he kidnapped the victim and / or demanded a ransom nor has caused any injury. It is further submitted that neither P.W.-1, the father of the victim nor P.W.-2 implicated the applicant in the commission of the crime and the only allegation made against the applicant was that the applicant used to charge his mobile and made him talk to his parents. Learned counsel for the applicant claims parity with the orders of bail in Criminal Misc. Bail Application Nos. 377/2014, 3349/2014 & 4798/2014, whereby co-accused Ram Naresh, Ram Bihari & Bablu and another were granted bail by this Court on 7.1.2014, 6.2.2014 & 9.4.2014 respectively. The applicant claims to be in jail since 20.9.2013.