Allahabad High Court
Vedan Singh Yadav vs State Of U.P. on 6 December, 2019
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54287 of 2019 Applicant :- Vedan Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant as well as 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 - Vedan Singh Yadav with a prayer to release him on bail in Case Crime No. - 360 of 2019, under Section - 364-A IPC, Police Station - Rura, District - Kanpur Dehat, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of kidnapping for ransom, punishable with death or imprisonment upto life;
(ii) against FIR lodged on 10.9.2019, the applicant is in confinement since 11.9.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though investigation is pending yet at present no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis only, for purpose of grant of bail, there is some force in the submission of the learned counsel for the applicant that the main culprit of theft was one Rohit who was subsequently again apprehended while committing a similar offence. However, because the applicant participated in the public arrest of the said Rohit, false allegation has been made against the applicant;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, 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 twosureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(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 investigation/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 :- 6.12.2019 Prakhar