Court No. - 35 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33099 of 2009 Petitioner :- Jugnu Respondent :- State Of U.P. Petitioner Counsel :- Hitesh Pachori Respondent Counsel :- Govt Advocate Hon'ble Mrs. Jayashree Tiwari,J.
Heard learned counsel for the applicant and the learned AGA for the State and
perused the record.
It is contended on behalf of the accused applicant that as per contentions made
in FIR which is annexure 1 to the bail application, the son of informant has
been kidnapped with intention to kill or to do some unwanted act. It is further
submitted that the kidnapped boy has come back to the home and has stated in
his statement under Section 164 Cr.P.C. ( A copy of which is annexed as
Annexure 4 to he bail application) that Ravi and Jugnu who used to reside in
front of his house had taken him alongwith one unknown person on
motorcycle and had offered Chawmin and Pepsi for two days and had left him
at his home In his statement nothing material, at this stage, has come out
which may go to show their intention to cause murder. Learned AGA did not
rebut this fact by producing any other relevant material.
Without going into merits of the case at this stage and considering the fact
that in the statement under Section 164 Cr.P.C. the kidnapped boy who
subsequently came back had not uttered anything about implication in
commission of offence against these persons, I think it expedient that the
accused applicant be enlarged on bail.
Let accused applicant Jugnu involved in Case Crime No. 256 of 2009 under
Section 364 IPC , police station Jagdishpura, District Agra be enlarged on bail
on his furnishing a personal Bond and two sureties each in the like amount to
the satisfaction of Magistrate concerned plus following undertaking that :-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/intimidate the prosecution witness.
3.The applicant shall not absent himself from appearing in the Court on the
date fixed without prior permission of the Court.
Order Date :- 3.2.2010
P.P.