Test Identification Parade Must Be Conducted In Kidnapping & Abduction Cases: Allahabad High Court

The Allahabad High Court has directed for sensitisation of Police for compulsorily conduction of Test Identification Parade of the arrested accused in Kidnapping and abduction cases.

The Court was considering a Bail Application in a case registered under  Sections 140(1), 142, 61(2)A of the Bharatiya Nyaya Sanhita.

The bench of Justice Arun Kumar Singh Deshwal held, ".....the Director General of Police, U.P., Lucknow is directed to issue direction to all the District Police Chiefs to sensitize all the Investigating Officers, in case of kidnapping and abducting by unknown persons to conduct Test Identification Parade of the arrested accused so that victim could identify the actual kidnapper/ abductor and the criminals may not take benefit of this lacuna during the bail and trial…”

The Applicant was represented by Advocate Atul Kumar Singh while the Respondent was represented by Government Advocate.

As per prosecution case, an FIR was lodged by the father of victim alleging that his son aged about 12 years was abducted at about 03.20 p.m. on July 06, 2025 by two unknown persons riding on Apache Motorcycle. Subsequently the victim was recovered from the custody of wife of the applicant.

Counsel for the Applicant submitted that the Applicant has been falsely implicated merely because the victim boy has been recovered from the custody of wife of the Applicant and he was not identified by the victim boy as one of the kidnapper.

It was further submitted the wife of the Applicant released on bail and he doesn't have any criminal history.

The Court granted him bail with conditions.

“….considering the submissions of learned counsel for the parties and perusal of record, it is not in dispute that the victim was recovered from the custody of wife of the applicant but not from the applicant, couple with the fact that, he was not identified by the victim boy as no identification parade was conducted by the police regarding identification of the kidnappers and also keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail", the Court observed.

The Application was accordingly allowed.

Cause Title: Ashok Kumar @Guddu v. State of UP

Appearances:

Applicant- Advocate Atul Kumar, Advocate Veer Singh

Respondent- Government Advocate.

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