VIKALP SRIVASTAVA @ GOLU Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri T.P. Singh, learned Senior Advocate assisted by Shri Tarun Kumar Srivastava, for the applicant, Shri Deepak Dubey, for the first informant and Learned AGA for the State.

(2.) On 07.09.2015, the SHO, Ashothar, District Fatehpur as also the team of the Crime Branch, Fatenpur and a police team from Allahabad received information at a person kidnapped from Allahabad was being kept in a farm house of Vineet Singh Parihar at Sarkandi. On the basis of the information received, the police teams, on reaching the farm house, found one Alto Car No. UP 70-BY 1496 and it arrested four persons including the applicant and recovered a 9 mm pistol from his person. On the pointing out of these persons, the abductee was also found in a locked room.

(3.) It is next submitted that there is no independent witness regarding arrest and recovery of the abductee from the farm house of Vineet Singh Parihar. In fact the mother of the applicant who had suffered a paralytic attack/ is undergoing treatment in Delhi. The applicant was on his way to Delhi to see his mother when he was stopped at Fatehpur for checking the registration papers of car and thereafter he has been falsely implicated in the instant case. The FIR itself was lodged with a delay of 24 hours.