SUDHIR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) IN this bail application, prayer for bail in Crime No. 346 of 2008 under section 364A IPC of P.S. Baradari, Bareilly has been made on behalf of the accused -applicant Sudhir Sharma.

(2.) AN FIR was lodged on 08.03.2008 at 10.15 a.m. at P.S. Baradari, Bareilly by Smt. Renu Saxena w/o Anil Kumar Saxena, resident of 34 Renu Villa, Srinagar Colony, Jogi Nawada, Bareilly. A case under section 364 IPC was registered against unknown persons at crime no. 346 of 2008. The allegations made in the FIR, in brief, are that Mohit, aged about 13 years, son of the complainant was studying in class VIII in Budro School, Bareilly. He had gone to school on 08.03.2008 at about 9.00 a.m. on his scooty. At about 9.20 a.m., some person informed the complainant that her son Mohit has been abducted from near the university gate and is being carried in red coloured Tata Sumo vehicle towards satellite bus stand. The complainant informed her neighbours, out of whom somebody informed police control room on telephone no. 100. Further case of the prosecution is that on getting information, the vehicle by which abduction of Mohit was made was chased by the police and ultimately, the vehicle was stopped near Head Post Office, Bareilly in Cantt. area and applicant Sudhir Sharma along with two other companions was arrested. Accused persons are said to have fired on the police party with a view to commit the murder of police personnel. On personal search of the applicant, one country made pistol 315 bore with empty cartridge in barrel was recovered and from the pocket of his pant, two live cartridges 315 bore were also recovered. One SIM of the mobile of Mohit Saxena and two Syringe and needle also were recovered from the pocket of the applicant. The co -accused, who are said to have been arrested along with the applicant, were Azrul and Deepak, from whom some other articles are said to have been recovered. The abducted Mohit Saxena was also recovered from the vehicle bearing no. UP -25/H -4503 Tata Sumo.

(3.) IT was submitted by learned counsel for the applicant that applicant Sudhir Sharma is student of BDS in Ruhelkhand Dental College, Bareilly and due to tenancy dispute, he has been falsely implicated in this case by the complainant Smt. Renu Saxena, in whose house the applicant is residing as tenant.