ANAND KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) IN this bail application prayer for bail has been made on behalf of applicant -accused Anand Kumar in Case Crime No. 106 of 2008, under section 364 -A IPC, P.S. Civil Lines, Allahabad.

(2.) A missing report (Gumsudgi) was lodged on 29.3.2008 at P.S. Civil Lines, Allahabad, by constable 183 A.P. Surendra Singh of Police Lines, Allahabad regarding disappearance of his nephew Gaurav, S/o Rama Kant, aged about 7 years. Gaurav was living with the complainant in Railway Colony. That missing report was lodged at P.S. Civil Lines Allahabad, at G.D. No. 16 at 5.15 -A.M. on 29.3.2008. Further case of the prosecution is that on the information given by the informer two co -accused namely, Vikki Kumar Hela and Kamal Sharma were arrested by the police on 6.4.2008 at about 7.45 P.M. near Sai Tem ­ple, Allahabad under tamarind tree situ ­ated on the road going to Judges Colony. It is alleged that those accused were appre ­hended at the time when mother of ab ­ducted Gaurav had come to pay ransom money to them. It is further alleged that after arrest of those accused, on their information the accused Anand Kumar (applicant herein) was also arrested with abducted child Gaurav from the mod of Sabji Mandi ahead of Judges Colony, Allahabad.

(3.) THE main ground for the bail in this case is parity, about which it is submit ­ted by the learned Counsel for the appli ­cant that co -accused Kamal Sharma has been granted bail by another Bench of this Court vide order dated 4.2.2009, passed in Bail Application No. 26702 of 2008 and hence, on the ground of parity, the appli ­cant also should be granted bail.