SANJAY CHAURASIA Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been preferred by the revisionist Sanjay Chaurasia against the judgment and order dated 27-6-2005, passed by the learned Sessions Judge, Meerut in Criminal Appeal No. 46 of 2005, (Sanjay Chaurasia v. State of U.P.), whereby the party for bail of the revisionist being a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000 has been refused in Case Crime No. 893 of 2004 under section 364-A.I.P.C., P. S. Singhani Gate, District Ghaziabad.

(2.) In this case, time of four weeks was granted to learned A.G.A. to file a counter affidavit and notice was issued to opposite party No. 2 Sri Vimal Kumar Saini to file a counter affidavit within the same period. The office report dated 23-12-2005 and the report dated 12-9-2005 sent by the learned Chief Judicial Magistrate, Ghaziabad shows that the notice sent to opposite party No. 2 has been served on him but neither opposite party No. 2 nor on his behalf any counsel has appeared before this Court and learned A.G.A. has also not filed any counter affidavit.

(3.) The facts, in brief giving rise to this revision, are that the F.I.R. was lodged by opposite party No. 2 Sri Vimal Kumar Saini at Police Station Singhani Gate on 19-10-2004 at 5.30 p.m. in respect of the incident which had occurred on 19-10-2004 at about 1.30 p.m., alleging therein that some unknown person had kidnapped Aman aged about 8 years, at that time he was coming out from school Saraswati Shishu Mandir, to city on a Rickshaw, one unknown person came there and put off the bag of that boy. He was delivered by the Rickshaw puller who disclosed his identity. He replied that he was maternal uncle of that boy Aman. It was noticed by a girl Mona sitting on that rickshaw, that boy was taken by that person. The boy did not come back to his house. The first informant made a search but no where about of that boy could be known. The above-mentioned facts have been disclosed by the Rickshaw puller and the other children, subsequently on 19-10-2004 the name of the applicant and other co-accused Naresh Saini, Sonu, Pappu and Surya Narain came into light as accused. The police came in action for their search and arrest on 27-10-2004 at about 10.50 a.m., that boy was recovered from the possession of the applicant and co-accused Naresh Saini, Pappu Nata, Sonu and Surya Narain from the place near Pawan Cinema. The applicant and other co-accused persons were arrested by the police and amount of Rs. 8,00,000/- was given to them as ransom, was also recovered. The kidnapped boy was given in the custody of his father opposite party No. 2. After completing the investigation, the charge-sheet has been submitted by the Investigating Officer against the applicant and abovementioned co-accused persons under Section 364-A I.P.C.