This judgmentists a bail application filed by Vikas in a kidnapping and ransom attempt case, where he claimed false implication. The Single Bench granted bail, finding it a fit case without commenting on merits, subject to standard conditions.
Applicant Vikas released on bail with a personal bond and two sureties on each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 40
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17833 of 2019
Applicant :- Vikas Opposite Party :- State Of U.P. Counsel for Applicant :- Hira Lal Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated in the present case; that as per averments made in F.I.R.lodged by Ashish Kumar, applicant and co-accused persons allegedly kidnapped first informant with his motorcycle and has made demand of ransom for Rs.8.00 lakhs and upon alarm raised by him, pushed him down from motorcycle and took away his motorcycle; that entire prosecution story is absolutely false and incorrect; that applicant neither kidnapped first informant nor made any demand of ransom money nor pushed him from motorcycle nor looted his motorcycle; that prosecution story is not only false but also highly improbable; that applicant allegedly had also kidnapped first informant about one year ago and on 29.12.2018 after kidnapping him also let him go; that case of applicant is identical to co-accused Diwakar, Golu, Sunil and Navratan who have been granted bail by other Benches of this court vide orders dated 13.03.2019, 08.04.2019, 09.04.2019 and 26.04.2019 passed in Criminal Misc. Bail Application Nos.10881 of 2019, 14389 of 2019, 14606 of 2019 and 14649 of 2019, copies filed at annexure-4 and copy of which has also been produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 09.01.2019.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for parties, perusal of record and considering the complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Vikas be released on bail in Case Crime No.249 of 2018, under Sections 364-A, 392, 511 and 411 I.P.C, P.S. Sakaldeeha, District Chandauli, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Order Date :- 1.5.2019
VS
1 issue framed by the court
Whether the applicant for bail, falsely implicated in a kidnapping and ransom attempt, is entitled to bail.
Vikas
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
