ANURAG PATHAK Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli ­cation has been filed by the applicant Anu ­rag Pathak with a prayer that he may be released on bail in Case Crime No. 311 of 2007 under sections 364 -A, 368/34 I.P.C. and section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Nawabad District, Jhansi.

(2.) THE facts of the case in brief are that the F.I.R. of this case has been lodged by Ramesh Chandra Parya on 12.3.2007 at 0.15 a.m. in respect of the incident which had occurred on 22.2.2007 at about 2.30 p.m., the applicant and the co -accused Abhinay Mishra alias Lala and Firoz Khan are named in the F.I.R. The allegation against them is that they have abducted the son of the first informant namely Akhilesh Pafya aged about 21 years. It is alleged that the alleged abductee Akhilesh Parya was a student of B.Sc Ilnd years on 22.2.2007 at about 2.30 p.m. his friend namely Anurag Pathak, present applicant, Abhinay Mishra alias Lala Misra and Firoz Khan taken away to the abductee from his house to Orai, the abductee was seen in the com ­pany of the applicant and other co -accused persons by the witness. Thereafter, they did not come back. During the investigation the I.O. collected the evidence to show that the abduction was done for the purpose of re ­alisation of ransom. The alleged abductee has been recovered and his statement has been recorded under section 161 Cr.P.C. which discloses the name of the applicant also. The applicant applied for bail, before the learned Special Judge Gangster Act, Jhansi, same has been rejected on 26.4.2007 being aggrieved from .the order dated 26.4.2007, the present bail application has been filed.

(3.) IT is contended by the learned Counsel for the applicant that even accord ­ing to the prosecution version, the appli ­cant is the friend of the alleged abductee, who is also a student of B.Sc. IInd years. No force has been used by the applicant in the commission of the alleged offence, a simple allegation against the applicant is that the alleged abductee has gone in the company of the applicant and other co -accused persons to Orai, thereafter, he did not return, the report of missing was lodged on 26.2.2006. The alleged abductee Akhilesh Parya has been recovered on 23.3.2007 in police encounter. The recovery has not been made from the possession of the applicant. The applicant was appre ­hended by the police on 13.3.2007 but his arrest has been shown on 21.3.2007 at 6.00 a.m. In respect of his arrest the father of the applicant has sent a telegram to District Magistrate Jhansi and C.J.M. Jhansi on 14.3.2007. On 15.3.2007 the father of the applicant sent a telegram to S.S.P. Jhansi. The applicant was illegally detained at the police station. The father of the applicant sent a telegram to S.S.P. Jhansi etc. on 16.3.2007, 17.3.2007 and 20.3.2007. The applicant is having no criminal history, in respect of which he has been booked under section 2/3 of U.P. Gangster and Anti So ­cial Activities (Prevention) Act. There is no allegation in respect of the demand of ran ­som and no transaction of ransom has taken place for recovery of the abductee boy. The statement of the abductee boy was recorded by the police under section 161 Cr.P.C. After great thought and consultation. Therefore the applicant may be .re ­leased on bail.