MUNNA LAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned AGA for the State and also perused the record. Allegation against the applicant Munna Lal is that he along with his sons had kidnapped minor son of complainant on 15.05.2008. FIR was lodged on 10.07.2008. It is submitted by learned counsel for the applicant that the name of the applicant and other accused are said to have come to light on the day of incident, but even then FIR was lodged after more than 5o days. Next submission is that the applicant is aged about 60 years, who is in jail since 06.08.2008 and his sons also are in jail. It is further submitted that the applicant and his sons have been falsely implicated in this case due to village partibandi and enmity. The bail application has been opposed by the learned AGA contending that the kidnappee has not been recovered. According to the FIR, which was lodged on 10.07.2008, the complainant had come to know on the day of incident that his son has been carried by the accused Munna Lal and his sons, but even then no FIR was lodged for about 54 days and after a long gap an FIR was lodged on 10.07.2008 naming the accused- applicant and his three sons. There is no criminal history of the applicant. Having taken into consideration over all facts and circumstances of the case, without expressing any opinion on the merit, the applicant may be admitted to bail. Let the applicant Munna Lal S/o Tej Ram be released on bail in Case Crime No 697 of 2008, under section 364 IPC, P.S. Gunnaur, District Budaun on his executing a personal bond for Rs. 25,000/- and furnishing two sureties each in the like amount to the satisfaction of the court concerned.