Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44568 of 2018 Applicant :- Krishna Kant Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Misra,Sri Viresh Mishra, Sr. Adv Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Viresh Mishra, learned Senior Advocate assisted by Mr. Amit Misra, learned counsel for the applicant as well as Mr.
C.L. Singh, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case only on the basis of suspicion. It is further submitted by the learned counsel for the applicant that according to the statements of informant and eye witnesses recorded under section 161 Cr.P.C., no body has recognized the applicant and co-accused at the time of incident because they muffled their faces and, therefore, there was no occasion to identify the miscreants. It is also submitted by the learned counsel for the applicant that abductee was not recovered from the possession or custody of the applicant. Only one motorcycle was recovered from the place, where the abductee was recovered, but as to who was the owner of the motorcycle could not be ascertained during the investigation. Learned counsel for the applicant next submitted that in this case, the only evidence against the applicant is that school bag of the abductee was recovered on the joint pointing out of the applicant and co- accused. Learned counsel submits that such types of school bags are easily available in the market and the same cannot be treated as clinching evidence against the applicant. It is also submitted that there was no demand of any ransom and that there is no evidence on record to show that any transaction took place and therefore, no offence under section 364-A IPC is made out against the applicant. Learned counsel for the applicant contended that there is nothing on record to connect the applicant with the offence. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 23.04.2018. He does not have any criminal history to his credit. It is also submitted that in the wake of heavy pendency of the cases in the Court, there is no likelihood of any early conclusion of trial. In case, the applicant is released on bail he will not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that school bag of the kidnapped child was recovered on the joint pointing out of the applicant and co- accused. It is a heinous crime. The innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Krishna Kant, involved in case crime No. 301 of 2018, under sections 364-A and 120-B IPC, PS Kosikalan, district Mathura, 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 :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.7.2019 Sazia