Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 428 of

2020

Petitioner :- Ajay Kumar @ Babloo And Another

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Jagadeesh Narayan Dwivedi

Counsel for Respondent :- G.A.

Hon'ble J.J. Munir,J.

Heard Sri Jagadesh Narayan Dwivedi, learned counsel for the

petitioners and Sri Upendra Kumar Singh, learned advocate

who has put in appearance on behalf of respondent nos. 4 & 5.

In compliance with the order dated 1.09.2020, an affidavit of

compliance has been filed by Shailesh Kumar Pandey, Senior

Superintendent of Police, Bareilly which is taken on record.

In compliance of the rule nise issued vide order dated

1.09.2020, the detenue Smt. Keshwati, petitioner no.2, has been

produced before this Court by a lady constable Deepika (L.C.

No.896) (182120389), posted at Police Station Aawanla,

District-Bareilly. She has identified Smt. Keshwati.

This Court, accordingly, proceeds to ascertain the stand of Smt.

Keshwati about her illegal confinement by respondent nos. 4 &

5. Her statement is recorded verbatim:-

Q. Aapka naam kya hai?

A. Keshwati.

Q. Aapke pita ji ka naam kya hai?

A. Veerpal.

Q. Aapi aayu kya hai?

A. 18 years.

Q. Aapne shaadi ki hai?

A. Nahi.

Q. Ajay Kumar kaun hai?

A. Gaon ka ladka hai.

Q. Aapne Writ-C No.-16660 of 2019 me jo order karaya hai,

usme apni aur ajay ki shadi ke bare me kya kahna hai?

A. Nahi maloom.

Looking to the aforesaid statement there is no good ground to

make the rule nisi dated 01.09.2020, absolutely. The rule nisi is

discharged and this petition is dismissed.

The first petitioner is ordered to pay in the account of Veerpal

son of Rajpal a sum of Rs. 20,000/- within a month of date

through a bank instrument payable at Bareilly.

In case, the said sum of money is not paid into account of

Veerpal by petitioner Ajay Kumar @ Babloo within the period

of one month, the Collector, Bareilly shall recover the said sum

of money from Ajay Kumar @ Babloo, resident of village-

Barikeda, Mau, Chandpur Bareilly as arrears of land revenue

and remit the said amount in account of Veerpal-respondent

no.4 forthwith upon realization.

Order Date :- 3.9.2020

Neeraj