JUDGMENT
Ravindra Singh, J.
1. This application has been filed by the applicant Anurag Pathak with a prayer that he may be released on bail in Case Crime No. 311 of 2007 under Section 364A, 368/34 I.P.C. and Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act P.S Nawabad district Jhansi.
2. The facts of the case in brief are that the F.I.R. of this case has been lodged by Ramesh Chandra Parya on 12.3.2007 at 0.15 a.m. in respect of the incident which had occurred on 22.2.2007 at about 2.30 pm., the applicant and the co-accused Abhinay Mishra alias Lala and Firoz Khan are named in the F.I.R. The allegation against them is that they have abducted the son of the first informant namely Akhilesh Parya aged about 21 years. It is alleged that the illeged abductee Akhilesh Parya was a student of B.S.c. IInd years on 22.2.2007 at about 2.30 p.m. his friend namely Anurag Pathak, present applicant, Abhinay Mishra alias Lala Misra and Firoz Khan taken away to the abductee from his house to Orai, the abductee was seen in the company of the applicant and other co-accused persons by the witness. Thereafter, they did not come back. During the investigation the I.O. collected the evidence to show that the abduction was done for the purpose of realisation of ransom. The alleged abductee has been recovered and his statement has been recorded under Section 161 Cr.P.C. which discloses the name of the applicant also. The applicant applied for bail, before the learned Special Judge Gangster Act, Jhansi, same has been rejected on 26.4.2007 being aggrieved from the order dated 26.4.2007, the present bail application has been field.
3. Heard Sri G.S. Chaturvedi, Senior Advocate, assisted oy Sri S.B. Kochar, learned Counsel for the applicant, learned A.G.A. and Km. Ruchita Jain, learned Counsel for the complainant.
4. It is contended by the learned Counsel for the applicant that even according to the prosecution version, the applicant is the friend of the alleged abductee, who is also a student of B.S.C. II years. No force has been used by the applicant in the commission of the alleged offence, a simple allegation against the applicant is that the alleged abductee has gone in the company of the applicant and other co-accused persons to Orai, thereafter, he did not return, the report of missing was lodged on 26.2.2006. The alleged abductee Akhilesh Parya has been recovered on 23.3.2007 in police encounter. The recovery has not been made from the possession of the applicant The applicant was apprehended by the police on 13.3.2007 but his arrest has been shown on 21.3.2007 at 6.00 a.m. In respect of his arrest the father of the applicant has sent a telegram to District Magistrate Jhansi and C.J.M. Jhansi on 14.3.2007. On 15.3.2007 the father of the applicant sent a telegram to S.S P. Jhansi. The applicant was illegally detained at the police station. The father of the applicant sent a telegram to S.S.P. Jhansi etc on 16.3.2007, 17 3.2007 and 20.3.2007. The applicant is having no criminal history, in respect of which he has been booked under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act. There is no allegation in respect of the demand of ransom and no transactior of ransom has taken place for recovery of the abductee boy The statement of the abductee boy was recovered by the police under Section 161 Cr.P.C. After great though and consultation. Therefore, the applicant may be released on bail.
5. In reply of the above contention it is submitted by the learned A. G.A. And the learned Counsel for the complainant that the applicant is named in the F.I.R. The name of the applicant has been disclosed by the alleged abductee that the applicant is active member of Anoop Gujar, the alleged abductee has been recovered from the clutches of gang in an encounter, the alleged abductee was handed over by the applicant to the gang of dacoits, specific allegation have been made against the applicant in the present case there was a demand of the amount of Rs. 25 Lacs as ransom in furtherance of that demand of Rs. 3 lac were paid even then the abductee was not released and he was; handed over to the gang of dacoits for realising rest of the amount.
6. The bail application of the co-accused Sonu Misra alis Krishna Misra has been rejected by another bench of this court on 23.7.2007 in Criminal Misc. Bail Application No. 13508 of 2Q07, therefore, the applicant may be released on bail. In case the applicant is released on bial, he may tamper with the evidence because he has having close associate with the dacoits of that area.
7. Considering the facts and circumstances of the case and the learned Counsel for the applicant and the learned A.G.A. and form the perusal of the case diary, it appears that the alleged abductee Akhesh Parya was handed over by the applicant to Anoop Gujar and other, he was beaten by them, They demanded a Rs. 25 lacs, (sic) active role of the applicant has been shown from the statement of Akhilesh Parya. The gravity of the offence is too much and without expressing any opinion on the merit of the case, the applicant is not entitled for bail.
8. Accordingly this application is rejected.