This judgment rejects an initial bail application filed by Sunil Kumar in a criminal case involving kidnapping for ransom and murder. The trial court found the offense grave and direct evidence against the applicant, deeming him unfit for bail.
Bail application rejected; trial court directed to expedite trial without unnecessary adjournments.
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. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26639 of 2020
Applicant :- Sunil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Saxena,Raj Kumar Vaishya Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Rahul Saxena, learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This first bail application has been filed with a prayer to release the applicant on bail in Case Crime No.160 of 2019, registered under Sections 364-A, 302, 201 I.P.C., Police Station Nawabganj, District Bareilly during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been intentionally dragged in the present case. No demand of ransom has been made. There is no independent witness to support the prosecution case that the applicant has enticed away the victim. The applicant is languishing in jail since 02.05.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Per contra, learned A.G.A. vehemently opposed the bail prayer of the applicant and submits that the applicant is named in the FIR and direct evidence is against the applicant. The applicant participated in marriage of informant's daughter where the applicant caught hold the informant's son and enticed away, the act has been recorded in CCTV footage and later on he demanded money as ransom from the informant for the sake of his son. It is also clear from the statement that on his pointing out, dead body of informant's son has been recovered, hence, the applicant has committed heinous offence, as such, the bail application of the applicant may be rejected.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties and looking to seriousness and gravity of offence, evidence, complicity of the accused, I do not find it is a fit case for bail to the applicant.
Accordingly, the bail application of the applicant- Sunil Kumar, involved in Case Crime No.160 of 2019, registered under Sections 364-A, 302, 201 I.P.C., Police Station Nawabganj, District Bareilly is hereby rejected at this stage.
However, the trial court is directed to decide the trial of the case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties.
Order Date :- 20.12.2021 Nitin Verma
1 issue framed by the court
Whether the applicant is fit for bail in a case involving kidnapping, murder andしたのは को धनを取る pelaksanaan का उद्देश्य से जुड़ा हुआ है।
Sunil Kumar
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
