Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32665 of 2018 Applicant :- Akhilesh Kumar Rishidev Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Kumar Verma,Siya Ram Verma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri S.R.Verma, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged FIR against two unknown persons alleging that the accused persons demanded a ransom of Rs.15.00 lacs from the complainant after kidnapping the family members of the complainant.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. The applicant is not named in the report and the name of the applicant surfaced for the first time after the alleged recovery of kidnapped persons. No specific role about the demand of rupees has been attributed to the applicant. Further, there is no independent or eye witness to support the alleged recovery. False recovery has been shown against the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 29.9.2017. The applicant has no other reported criminal antecedent.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Akhilesh Kumar Rishidev be released on bail in Case Crime No. 545 of 2017, under Sections 364-A, 506 IPC, Police Station- Mangalpur, District- Kanpur Dehat, on furnishing a personal bond and two local sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.8.2018 IA