The Hon'ble High Court granted bail to the applicant, Shakuntala, who was in judicial detention. The court found that refractory circumstances made out a case for bail and directed the applicant to furnish a personal bond and two reliable sureties.
The applicant to be enlarged on bail on executing a personal bond and furnishing two reliable sureties.
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BA1 No. 234 of 2015
Hon’ble U.C.Dhyani, J.
Mr. J. S. Virk, Advocate, present for the applicant. Mr. V. K. Jemini, learned Deputy Advocate General, assisted by Mr. V. S. Rathour, Brief Holder, present for the State.
Applicant Shakuntala, who is in jail in connection with Case Crime No. 634 of 2014, under Section 370(5) of IPC, PS Kotwali Haridwar, District Haridwar, has sought her release on bail.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
An FIR was lodged against five named persons including the applicant for the offences punishable under Section 370 (5) of IPC, alleging therein that some unknown miscreants kidnapped the son, aged eight months, of the informant. Incident allegedly took place on 07.09.2014 and the FIR was lodged on the same day. The kidnapped child was recovered from the possession of Jagmohan, Rekha and Krishnveer alongwith the present applicant. The child has been restored to his parents. Applicant is in judicial detention since 08.09.2014. Co-accused Jagmohan gave a statement to the police that he would have handed over the kidnapped child to Balvinder Singh. Co-accused namely, Balvinder Singh and Jagmohan have been directed to be enlarged on bail vide order dated 12.03.2015 and 23.03.2015 respectively.
Learned counsel for the applicant says that the applicant is ready to furnish reliable sureties to the satisfaction of the Magistrate concerned if he is directed to be enlarged on bail.
Considering the facts of the case and attenuating circumstances, a case of bail is made out in favour of the applicant.
Accordingly, let the applicant be enlarged on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Haridwar.
However, if at any point of time the applicant misuses the bail, it will be open to the court below to cancel the bail of the applicant after affording him due opportuni of hty earing.
(U.C.Dhyani, J.)
17.04.2015
Kaushal
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a kidnapping case under Section 370(5) IPC.
Shakuntala
The State
U.C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
