Subhash vs State of U.P.

Barkat Ali Zaidi, J.—The applicant-accused Subhash is charged u/s 364, I.P.C.

A child of 1 and 1/2 year is said to be asleep in the house in village Bheekampur Jagir within area of Police Station, Rajpura with his mother on the first floor, and at 12.00 O''clock in the night, insisted, going down to his grand mother who was sleeping on the ground floor, and has gone missing since then.

Initially a report of the missing of the child was lodged on 7.11.2007 in the morning at 9.30 at Police Station Rajpura. The accused-applicant had also gone with the father of the child to lodge the F.I.R. Another F.I.R. was lodged 7 days thereafter on 14.11.2007 in which accused-applicant alongwith one another was named as the kidnapper of the child.

The Sessions Judge has refused to enlarge the applicant on bail and he has come to this Court demanding bail.

Heard Sri Viresh Mishra, senior advocate, assisted by Sri Preet Pal Singh Rathore, advocate, for the applicant, Sri R. P. S. Chauhan, advocate, for the complainant and Sri Mohd. Israil Siddiqui, Addl. Government Advocate, for the State.

There is no indication as to how the accused entered the house and managed to take away the child. The initial circumstance prima facie does not point any accusing finger towards the accused-applicant. Bail should, therefore, be granted.

He be released on bail in aforenoted case crime on his furnishing a personal bond of Rs. 20,000 with one surety in the like amount to the satisfaction of Chief Judicial Magistrate, Budaun.