Arvind Kumar Prajapati vs State of U.P.

Barkat Ali Zaidi, J.—A young married man Shyam Verma was kidnapped while he was proceeding in a vehicle between Kannauj to Etawah at 11.00 O''clock in the day on 26.11.2007 and has been untraceable since then and the police report is that he has been killed by the kidnappers.

Telephonic demands for ransom are said to have been made, and according to the prosecution version since ransom was not paid kidnapped person has been killed and a charge-sheet under Sections 364A, 302 and 201, I.P.C. has been given against five persons in the Court of Special Judge, Dacoity Affected Areas Act, Etawah.

Out of the five persons only two had applied for bail before the Special Judge which was refused.

One of the two has come to this Court for bail.

Heard Sri K. N. Mishra, counsel for the applicant and Sri N. D. Rai, Additional Government Advocate for the State.

It was argued by the counsel for the accused-applicant that there were only two witnesses in the case who saw the kidnapped person with the accused and also heard conversation relating to his kidnapping. Both the witnesses gave an affidavit before the Special Judge that they did not give any statement u/s 161, Cr. P.C. The validity and veracity of the affidavits will have to be assessed later, at the time of trial, and that alone, cannot provide a justifiable ground for bail.

It is also no doubt that the investigation has been very tardy and no sincere and serious efforts seem to have been made, to collect tangible evidence, and it has not been even disclosed in what kind of vehicle the adducted person was travelling when he was kidnapped, and how many persons came there. The Special Judge will sincerely consider the desirability and possibility for further fresh investigation into the matter.

It is regrettable that the supervising police officers did not care to look into the investigation. The offence is, however, too serious to be dealt with, so casually. However, the negligence on the part of the Investigating Officer and the Supervising Authorities all will not provide ground for bail and the other evidence may later emerge against the accused.

Bail refused.