Allahabad High Court
Harendra Kashyap vs State Of U.P. on 19 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. - 50608 of 2019 Applicant :- Harendra Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Mishra Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ashish Mishra, learned counsel for the applicant as well as Sri Vikas Goswami, 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 - Harendra Kashyap with a prayer to release him on bail in Case Crime No. 842 of 2019, under Section 364-A I.P.C., Police Station Kotwali Shamli, District Shamli, 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 of death or life imprisonment. Against the FIR lodged on 22.05.2019, the applicant was arrested on 23.05.2019 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 claims to have been falsely implicated; there is a criminal history of two cases; however, learned counsel for the applicant submits that the applicant was made accused in those two cases at the same time and at the same police station;
(iv) the investigation has been concluded; charge sheet submitted and trial has not yet commenced. It, thus, appears that the trial is not likely to be concluded at any early date;
(v) on prima facie basis only, it may be noted that in his statement under Section 161 Cr.P.C., the victim did not name the applicant but only referred to some other persons alongwith his uncle who is the main accused namely Babbu. Thus, the main accusation appears to be against Babbu. Also, recoveries were made from that accused only. Further, it may be noted that the co-accused Satish, who has been assigned similar role, has already been enlarged on bail by this Court by order dated 11.11.2019 in Criminal Misc Bail Application No. 48058 of 2019;
(vi) no reasonable apprehension has been brought to the fore by the state and or the informant 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 :- 19.11.2019 AHA