LAWS(MPH)-2019-7-58

BALLU ALIAS BALRAM Vs. STATE OF M.P.

Decided On July 24, 2019
Ballu Alias Balram Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Case-diary is perused.

(2.) Learned counsel for the rival parties are heard. This is 1st bail application u/S. 439 Cr.P.C. filed by the petitioner for grant of bail. Petitioner has been arrested on 11.03.2019 by Police Station Civil Line District Morena (M.P.) in connection with Crime No. 136/2019 registered in relation to the offences punishable u/S. 363, 364-A, 120B of IPC, 11/13 of MPDVPK Act further added 365 of IPC. Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

(3.) Investigation in the matter is over by filling of charge-sheet where kidnapping for ransom is alleged alongwith other offences qua Shyamu aged 7 years. After lodging of FIR on 10/3/19, abductee was recovered on the very same day. His statement was recorded where he alleged that he had been taken by some person whom he can recognize. TIP was held by the prosecution but after the delay of about three months where petitioner was recognized. It is submitted by leaned counsel for the petitioner that petitioner is closely related to the abductee and his family. Abductee knew him since very beginning and since petitioner had some personal animosity with the family of abductee, he has been falsely implicated. Co-accused Shailendra Rajoriya has been extended benefit of bail by this court by order dated 21.06.2019 passed in M.Cr.C. No. 24415/19.