In a bail application regarding kidnapping charges, the Allahabad High Court granted bail noting that the sole evidence is the co-accused's disclosure statement and there is no prior criminal record for the applicant.
Applicant released on bail on personal bond and two sureties with conditions for appearance and non-interference.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9413 of 2023
Applicant :- Gollu @ Sarfaraj Opposite Party :- State of U.P. Counsel for Applicant :- Sujan Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Sujan Singh, learned counsel for the applicant and Dr. S.B. Maurya,learned AGA-Ist for the State.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 240 of 2022, under Sections 363, 311 IPC, Police Station Khajni Gorakhpur, District- Gorakhpur during pendency of the trial in the court below.
FIR of the present case was lodged against applicant and coaccused, Ganga and according to the FIR, co-accused, Ganga has stolen the infant son aged about one month of the informant and it is further alleged that from the possession of co-accused, Ganga infant son of the informant was recovered.
Learned counsel for the applicant submitted that even in the first information report it is mentioned that applicant and one, Sheru caught the co-accused, Ganga but in spite of that applicant has been made accused in the present matter only on the basis of information given by co-accused, Ganga that she on the instigation of the applicant kidnapped the infant son of the informant. He further submitted that except the disclosure statement made by the co-accused, Ganga, there is no other evidence on record against the applicant. He further submitted that applicant is not having any previous criminal history and in the present matter he is in jail since 13.08.2022.
Per contra, learned AGA although opposed the prayer for bail but could not dispute the fact that name of the applicant was disclosed in the first information report only on the basis of information given by co-accused, Ganga and the kidnapped infant son of the informant was also not recovered from the possession of the applicant and applicant is not having any previous criminal history.
I have heard learned counsel for the parties and perused the record of the case.
Considering the fact that the alleged kidnapped son of the informant was recovered from the possession of the co-accused, Ganga and co-accused, Ganga disclosed the name of the applicant by stating that on his instigation, she did the kidnapping of the infant son of informant and applicant is not having any previous criminal history, in my view, applicant is entitled to be released on bail.
In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed .
Let the applicant- Gollu @ Sarfaraj be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 7.4.2023 Aditya
Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail considering the lack of independent evidence against him and his lack of prior criminal history.
Gollu @ Sarfaraj
State of U.P.
Sameer Jain
Aditya Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
