Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11104 of 2009 Petitioner :- Murari & Another Respondent :- State Of U.P. Petitioner Counsel :- Arvind Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submitted that firstly the FIR was lodged
regarding missing of the daughter of the informant. At that time there was no
allegation regarding kidnapping. Subsequently on the basis of apprehension
and alleged information given by the witnesses the case wasconverted u/s 364
IPC. Even the alleged recovery of the clothes of the victim was on the
pointing out of applicant no.1 Murari. According to witness Sughar Lal, he
had seen the applicant along with other co-accused while Km. Soni was taken
away and she was taken firstly in the house. Thereafter she was not traceable.
According to the applicant though this fact was informed by the witnesses on
the same day but the applicant was implicated subsequently. there is no
criminal history of the applicant However, the applicant is in jail since
26.9.2008. Hence the applicant is entitled to be enlarged on bail.
The aforesaid prayer has been strongly opposed by learned AGA stating that
there was a kidnapping of minor daughter aged about 5 years and in view of
the circumstantial evidence and confession by the accused before the police it
was a case of kidnapping and murder and there was a recovery of clothes of
the kidnappee on the pointing out of applicant no.1 Murari. Hence the bail
application is liable to be rejected.
In view of the aforesaid fact since witness has clearly stated that minor girl
aged about 5 years was taken away by the accused- applicants along with co-
accused Shiv Kumar Baba, Tantrik. As per statement of the informant this
fact was disclosed by the witnesses after few days of the incident. Apart from
that the guilt was confessed by the applicant before the Investigating Officer
and there was recovery of clothes of the kidnapee on the pointing out of
applicant no.1 Murari.
In view of the fact the prayer of bail of the applicant Murari is hereby
rejected.
However in view of the aforesaid fact without expressing any opinion on
merit, let the applicant no.2 Rinkoo be released on bail, in case crime No. 263
of 2008 u/s 364 IPC P.S. Thathiya District Kannauj on his furnishing a
personal bond and two sureties each in the like amount to the satisfaction of
the court concerned.
Order Date :- 28.1.2010
Hsc/