Allahabad High Court
Veeru Alias Virendra vs State Of U.P. on 3 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. - 53475 of 2019 Applicant :- Veeru Alias Virendra Opposite Party :- State of U.P. Counsel for Applicant :- Tosh Kumar Sharma,Dinesh Kumar Counsel for Opposite Party :- G.A Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Dinesh Kumar, learned counsel for the applicant; as well as Sri Ankit Shrivastav, 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 - Veeru Alias Virendra with a prayer to release him on bail in Case Crime No. -388 of 2019, under Sections - 364-A I.P.C., Police Station - Sadar Bazar, District - Mathura, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of kidnapping for ransom, punishable with imprisonment upto life;
(ii) against FIR lodged on 15.09.2019, the applicant is in confinement since 22.09.2019;
(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 stated to be pending, however, no justifiable cause has been shown by the State to continue the detention of the applicant for an indefinite period of time;
(vi) on prima facie basis only, it has been submitted that neither the applicant was named in the FIR nor any recoveries have been made from him. The minor child has already been recovered and it is only in the confessional statement of the co-accused that the name of the applicant has surfaced;
(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 two sureties 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 :- 3.12.2019 S.Chaurasia