High Court granted bail to accused Naresh Kashyap and Jay Singh in kidnapping and causing disappearance of person cases, citing lack of criminal history and co-accused bail. Ordered trial conclusion within one year.
Applicants released on bail with personal bond and two sureties each; trial to conclude within one year.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53287 of 2022
Applicant :- Naresh Kashyap And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.,Sanjay Kumar
Hon'ble Ajay Bhanot,J.
By means of the bail application, the applicants have prayed to be enlarged on bail in Case Crime No.394 of 2022 at Police Station-Sikandrarau, DistrictHathras under Sections 364, 201 IPC. The applicants are in jail since 11.08.2022.
The bail application of the applicants was rejected by the learned trial court on 08.11.2022.
The following arguments made by Shri Sanjay Kumar Dubey, learned counsel on behalf of the applicants, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned A.G.A.-I for the State from the record, and Shri Sanjay Kumar, learned counsel for the informant, entitle the applicant for grant of bail:
(1). The co-accused-Lokesh, who alone had a motive to cause disappearance of the victim, has been enlarged on bail by this Court on 21.12.2022 in Criminal Misc. Bail Application No.44465 of 2022.
The case of the applicants stands on a better footing than the said co-accused-Lokesh. However, they seek parity in relief granted to the said co-accused person.
(2). The applicants do not have any criminal history apart from the above said cases.
(3). The applicants are not a flight risk. The applicants being a law abiding citizen have always cooperated with the investigation and undertake to cooperate with the court proceedings. There is no possibility of their influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicants-Naresh Kashyap and Jay Singh be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
the date fixed, unless personal presence is exempted.
The trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All witnesses also are directed to cooperate with the trial proceedings.
The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding.
Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are given effect to in a scrupulous manner to ensure the presence of the witnesses on the appointed date before the trial court.
The trial judge shall submit a fortnightly report on the progress of trial and the steps taken to ensure that the trial is concluded within the above stipulated period of time to the learned District Judge, Hathras.
A copy of this order be communicated to the learned
trial judge through the learned District Judge, Hathras by the Registrar (Compliance) by FAX.
Order Date :- 23.2.2023 Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants are entitled to bail in a case involving kidnapping and causing disappearance of a person.
2 provisions across 1 enactments
Naresh Kashyap
Jay Singh
Ajay Bhanot J.
Ashish Nayan Tripathi J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
