MAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State. The fact of the case is that an application under section 156(3) Cr.P.C. has been moved by one Ajai Singh on 03.01.2009 for the alleged incident, which has alleged to be taken place on 17.12.2008 at 1:00 PM in mid day, without explaining the delay of 21 days, alleging therein that one Brajesh, nephew of one Sarita who was co-tenant with him in rented house of Gaghubar Dayal, taken his brother namely Vimal Kumar saying that she is calling him and have kidnapped him and from the house of applicant given him.

(2.) Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the real facts of the case are that there is enmity of the applicant with relative of the complainant with regard to landed property only for this reason the name of applicant has falsely been roped in the present case. It is further submitted that the applicant has not committed any offence as alleged in complaint and there is no allegation against the applicant about demand of ransom and for threatening and prior to that there is no missing report or first information report has been lodged. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is 72 years old and languishing in jail since 102018. The applicant has no other reported criminal antecedent.

(3.) Learned A.G.A. opposed the prayer for bail.