Allahabad High Court
Subhash Chand Bind vs State Of U.P. on 20 November, 2019
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43937 of 2019 Applicant :- Subhash Chand Bind Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Narain Pathak,Shiv Lal Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Manvendra Narain Pathak along with Sri Shiv Lal, learned counsel for the applicant as well as Sri Nagendra Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant Subhash Chand Bind with a prayer to release him on bail in Case Crime No. 191 of 2018, under Sections 364 A, 365, 377, 323, 504, 506 I.P.C., Police Station Jigna, District Mirzapur, during pendency of trial.
3. Having heard learned counsel for the parties, at present :
(i) the applicant is accused of kidnapping for ransom and other offences, punishable with imprisonment for life. Against the FIR lodged on 9.12.2018, the applicant was arrested on 9.6.2019 and is in confinement since then;
(ii) the applicant claims to have cooperated in the investigation and in any case is not shown to have unduly evaded his arrest;
(iii) the applicant has no criminal history;
(iv) the investigation has been concluded; charge sheet submitted, however, trial has yet not commenced. Therefore, it is not likely to conclude in near future;
(v) on prima facie basis only, it may be noted that the applicant is not named in the FIR but his name surfaced during the investigation after a delay of four and a half months. In such facts, the applicant had been charged and is facing trial. However during trial the informant and the victim both recorded their statements under Section 161 and 164 Cr.P.C. exonerating the applicant of the role assigned in the prosecution story. Certified copies of such statements of Nandlal, Srikant and Ram Raksha Bind have been produced in the Court, the same have been marked as X,Y and Z respectively and also the same have been retained on record.
(vi) no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. Without expressing any opinion on the final merits of the case, let the applicant 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 :
(i) the applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial;
(ii) the applicant shall cooperate in the trial sincerely without seeking any adjournment;
(iii) the applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.11.2019 Meenu