passed by the learned Additional Sessions
Judge, Kalyan in Sessions Case No. 207 of 2009, convicting the
sole Appellant (Accused) under Section ... rendered in the case
of Amit vs State of Uttar Pradesh,11 to argue that this being a case
of kidnapping, rape and murder
furthering the object of the conspiracy, this is not a
fit case to grant bail. It is submitted that Section 364-A of the IPC
read ... illegal confinement, in a case of kidnapping for ransom, cannot be
treated lightly.
15. Further, the prosecution case reveals that during the period
of illegal
recovered during the
investigation. Therefore, the use of fire arm in this kidnapping,
appears highly doubtful. Further, the conduct of victim
himself also appears unnatural ... part of accused cannot be
digested, since in the cases of kidnapping for ransom, the
abductee is never released, till receiving the ransom amount.
Therefore
recovered during the
investigation. Therefore, the use of fire arm in this kidnapping,
appears highly doubtful. Further, the conduct of victim
himself also appears unnatural ... part of accused cannot be
digested, since in the cases of kidnapping for ransom, the
abductee is never released, till receiving the ransom amount.
Therefore
contra, the learned APP opposed the bail application and
distinguished the case of the applicant from that of his wife, who
has been granted bail ... outset, it is necessary to note that the case involves
kidnapping and wrongful confinement of a minor girl aged about
11 years
husband of the
informant. As such, to avoid the situation, the case of kidnapping was
registered against the appellants. However, the trial court has recorded ... victim was
kidnapped for the period of 29 days and, although, near about eleven
names were taken as the accused who had kidnapped the informant
removal of organs.
12. In the present case, the prosecution alleges that the applicant
transported the kidnapped child from Mumbai to Hyderabad and
facilitated ... conduit rather than the principal offender who actually kidnapped
the child. Strength of prosecution case: The prosecution case,
prima facie, appears to have certain gaps
Protection of Children from
Sexual Offences Act, 2012.
3] Initially, case of kidnapping was registered
2
956
against the applicant and others by the mother
Protection of Children
from Sexual Offences (POCSO) Act.
3. The case of kidnapping was registered by the mother of the
victim on 23/01/2024
jail from
near about 7 years. Though it is a case of
kidnapping for ransom, neither money was paid
nor victim sustained injury. The appeal ... victim after a time span of seven
months. Thus, there is arguable case on the point as
regards identity of the accused. There are other
