In a bail appeal challenging a rejection order, the Patna High Court dismissed the petitioner's application for regular bail in a kidnapping for ransom case, citing the heinous nature of the offence, direct allegations supported by the victims, and lack of inclination to grant liberty.
Prayer for regular bail of the petitioner is hereby rejected.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22095 of 2024
Arising Out of PS. Case No.-542 Year-2023 Thana- SAHPUR District- Bhojpur
======================================================
Kuldeep Kashyap Son Of Inderjeet Bind Resident Of Village- Koilisal PsPandey Kodar Distt- Gorakhpur, Up P/A- D/111, Gali No. 06, Nikhil Bihar Ashmail, Dist- Faridabad
... ... Petitioner/s
| The State of Bihar ==================== |
Versus ... ... Opposite Party/s ================================== |
|---|---|
| Appearance : | |
| For the Petitioner/s : For the Opposite Party/s : ==================== |
Mr. Rajani Ranjan Pd. Singh, Advocate Mr. Sanjay Kumar Pandey, APP ================================== |
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 20-05-2024
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.22095 of 2024(3) dt.20-05-2024 2/3
by Paytm in the mobile number of petitioner. The six accused persons were arrested but 4-5 persons succeeded to flee away. When the inquiry was made six accused persons had kidnapped Jitendra Pathak and Aaryan Chauhan, Kapil Sharma was found which was kept in custody of constable Amarjeet Kumar and other three persons were identified Kuldeep Lashyap and Jitu Kumar when search was made three accused were found. In such circumstances one Apache Bike, mobile and one alive cartridge were recovered from the possession of petitioner Kuldeep Kashyap, when search was made of Jitu Kumar one pulsar bike one alive cartridge and one mobile was recovered, in search of Aayush Tiwari one loaded revolver and alive cartridge was recovered.
Patna High Court CR. MISC. No.22095 of 2024(3) dt.20-05-2024 3/3
kidnapping for ransom money, which is serious in nature and Jitendra Pathak belongs from Faridabad, Haryana, Aryan Chauhan belongs from Faridabad, Haryana and Kapil Sharma belongs from Badarpur, New Delhi. The statement recorded under Section 161 and 164 of Cr.P.C. the abducted persons have supported the prosecution story and also supported that the petitioner has demanded the ransom money, so considering all the facts and circumstances of the case, as this is a heinous offence committed by the petitioner, I am not inclined to grant bail to the petitioner.
rejected.
(Ramesh Chand Malviya, J)
saurabhkr/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with kidnapping for ransom under IPC Section 364(A) and Arms Act.
Whether the involvement of interstate victims and the severity of the charge make the petitioner unfit for bail.
7 provisions across 3 enactments
Kuldeep Kashyap
The State of Bihar
Ramesh Chand Malviya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
