Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29373 of 2009 Petitioner :- Baniya @ Naresh Thakur Respondent :- State Of U.P. Petitioner Counsel :- A.N. Pandey Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
Learned counsel for the applicant submitted that neither the applicant was
named in the first information report nor in the statement recorded under
Section 161 Cr.P.C. Even there is no allegation against the applicant either
regarding, torture, kidnapping or illegal custody, in the statement of
kidnappee. However, merely on the ground of suspicion the applicant has
been challaned in the present case. Merely allegation against the applicant
was in the statement of kidnappee that the applicant was of criminal nature. In
the present case, the applicant is in jail since 29.7.2009.
In view of the above, without expressing any opinion on merit, it is a fit case
for bail. Let the applicant Baniya @ Naresh Thakur be enlarged on bail on his
furnishing a personal bond with two sureties each in the like amount to the
satisfaction of court concerned in Case Crime No.485 of 2009, under Section
364 IPC, P.S. Khair, District Aligarh.
Order Date :- 22.7.2010
Pramod