In a bail application regarding a kidnapping case, the High Court allowed the applicant's petition, granting release on personal bond and two sureties subject to standard conditions, noting delays in FIR and nature of offences.
Release of the applicant on bail upon furnishing a personal bond and two sureties each in the like amount.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50185 of 2022
Applicant :- Ashok Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant- Ashok Kumar Yadav with a prayer to release him on bail in Case Crime No. 211 of 2022, under Sections 366 IPC, Police Station Reoti, District- Ballia, during pendency of trial.
It is argued by the learned counsel for the applicant that the first information report was lodged against five named persons including the applicant on 20.06.2022 alleging therein that they had forcefully kidnapped the daughter of the complainant on 10.06.2022.
Submission of the learned counsel for the applicant is that the applicant is absolutely innocent and has been falsely implicated in the present case due to enmity. There is inordinate delay of ten days in lodging the first information report which creates doubt about the veracity of the prosecution case. It is further submitted that the applicant is the brother of co-accused, Ganesh Yadav, with whom Victim was having an affair. It is further submitted that entire family of the applicant has been implicated in the present case and no specific role has been mentioned merely because all the accused persons are related to each other, which creates doubt on the prosecution. There is no prospect of trial being concluded in near future due to heavy dockets. The applicant is languishing in jail since 17.08.2022 without having any previous criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer of bail and submits that innocence of the applicant cannot be adjudged at
pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Ashok Kumar Yadav involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 10.11.2022 Abhishek Singh
Digitally signed by ABHISHEK SINGH Date: 2022.11.14 11:59:38 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail in a kidnapping offence pending trial.
Ashok Kumar Yadav
Abhishek Singh
As recorded by the court registry
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