OM VEER Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli ­cant has been filed by the applicant Om Veer with a prayer that he may be released on bail in case crime No. 245 of 2005 under sections 365, 302 and 34 IPC P.S, Khurja Nagar, District Bulandshahr.

(2.) THIS is second bail application filed by the applicant. The Criminal Misc. First Bail Application No. 4702 of 2006 has been rejected by this Court on 25.5.2006 after considering the merits of the case.

(3.) IT is contended by learned Counsel for the applicant that according to the prosecution version the FIR has been lodged on 26.6.2005 at 3.05 P.M. in respect of the incident which had occurred on 26.6.2005 at about 6.30 A.M. in which the applicant and other co -accused Ved Prakash son of Bailey and Manoj are named in the FIR alleging therein that wife of the first informant Bhanu Pratap Singh has been kidnapped by them prior the al ­leged incident also. The wife of the first informant was kidnapped, its case was also pending. During investigation the first In ­formant stated that one Maruti Van was parking near the temple of Bhuteshwar in which the applicant and other co -accused persons were sitting, as soon as the wife of the first informant reached there, she was dragged by them inside the Maruti Van and taken away to the deceased from the alleged place of occurrence, at that time the deceased was caught hold by the applicant. The deceased was kidnapped by applicant and others prior the alleged incident also, its FIR was lodged in case crime No. 984 of 2000 under sections 365 and 376 IPC, this case is pending in the Court. The other witnesses also made the same allegation against the applicant. But Km. Rachna daughter of the first informant did not dis ­close the name of any accused. Subse ­quently the dead body of the deceased has been seen in a canal near Nagia Kat. The statement of the Ram Pal Singh has again been recorded on 7.7.2005 in which he stated that he was not known to accused persons prior the alleged incident. The case of the applicant is on the same footing with the case of other co -accused persons. The co -accused Ved Prakash has been released on bail by the another bench of this Court on 10.9.2007 and other co -accused Manoj and Mahesh @ Sarpanch has also been re ­leased on bail, therefore, the applicant is also entitled for bail.