HARISH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.B. Saxena, learned counsel for the applicant and the learned A.G.A on his prayer for bail in connection with Case Crime No.408/2013, under Sections 302/364/201 IPC, P.S. Sadabad, District Agra.

(2.) The case of the prosecution is that Sanju, a tenant of the informant, was staying along with his family since 1 & 1/2 years, but when the informant came to learn about his criminal antecedents, he requested him to vacate the accommodation, which he refused and when on a subsequent request he again resisted to vacate, a brawl followed and on 10.8.2013 at 2.30 PM, 6 year old son of the informant, was kidnapped by Sanju and the applicant, which was witnessed by one Radha Charan and eventually the body of the victim was recovered from a well on 16.8.2013 at the pointing out of the applicant and co-accused Sanju.

(3.) It is submitted by learned counsel for the applicant that on the one hand, the FIR gives an impression as if Radha Charan is a witness to the occurrence, whereas Radha Charan nowhere states his presence as an eye-witness, which makes his presence highly doubtful. It is further submitted that the alleged recovery of the dead body from a well at the alleged pointing out of the applicant, is of no legal consequence as the recovery memo is not signed by the applicant. It is finally submitted that it is a case of false implication on account of previous enmity, the applicant is in jail since 16.8.2013, he be released on bail.