SONU THAKUR Vs. STATE OF U P

JUDGEMENT

(1.) IN this bail application, prayer for bail has been made on behalf of the accused -applicant Sonu Thakur s/o Arun Kumar, in case Crime No. 257 of 2007, under section 364A IPC, P.S Civil Lines, District Etawah.

(2.) AN FIR was lodged on 14.04.2007 at 1.35 p.m. at P.S. Sikohabad, District Firozabad, by the then SHO S.S. Dengri. A case under sections 307, 147, 148, 149 IPC and 41/102 Cr.P.C. read with section 411 IPC was registered against 1. Mama Thakur 2. Sonu Thakur 3. Sonu Pandit 4. Sonu Yadav 5. Vishal 6. Prem Narayan 7. Jagga Yadavand and 8. Shakti Yadav. The allegations made in the FIR, in brief, are that in police encounter on 14.04.2007 at about 11.50 a.m. abducted person Jai Narayan @ Tulsi was recovered from the house of accused Sonu Thakur. In that incident, the accused Sonu Thakur is said to have fired on the police party with a view to commit the murder of police personnel. All the accused persons are said to have fled away, who were identified by the witnesses and police personnel. On the same day another FIR was lodged at 2.45 p.m. by Jai Narayan @ Tulsi s/o Anokhey Lal r/o Pipal Ka Adda, P.S. Civil Lines, District Etawah, arraying Smt. Soni, Jameel, Mama Thakur @ Fauji, Sonu Thakur, Sonu Pandit, Sonu Yadav, Vishal, Prem Narayan and Jagga Yadav as accused. It is alleged in that FIR that when on 08.04.2007, the complainant was going to his house after performing his duty in Milan Bread Factory at about 6.00 p.m. and reached near Agriculture Engineering College Etawah City, the accused Jameel, Mama Thakur @ Fauji and Smt. Soni met him. A maruti car also was standing there, in which Sonu Thakur, Sonu Pandit, Sonu Yadav, Vishal, Prem Narayan and Jagga Yadav were sitting. The accused Smt. Soni, Jameel and Mama Thakur stopped the complainant by indication of hand and when he was talking to them, the accused persons sitting in maruti car came there and thereafter, all the accused dragged the complainant into maruti car and carried him to the house of Sonu Thakur in village Labhua and tied him there by chain. It is further alleged in this FIR that Mama Thakur told that either he would transfer his land to them or would pay Rs. 5 lac. It is further alleged that the accused persons continued to cause harassment of the complainant asking him that either transfer your land or give Rs. 5 lac. It is also alleged in that FIR that with the help of village people, he was recovered by the police.

(3.) IT was further submitted by the learned counsel that due to pressure of the police, the complainant Jai Narayan @ Tulsi had named the applicant in the FIR, which he had lodged after his alleged recovery from the house of applicant.