Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23438 of 2019 Applicant :- Phool Chandra Yadav @ Gullu Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Phool Chandra Yadav @ Gullu has prayed to release him on bail in Case Crime No. 285 of 2019, u/s 342, 364, 504, 506 I.P.C., P.S. Handia, District Prayagraj.
Heard Sri Krishna Kumar, learned counsel for the applicant and Sri Om Narain Tripathi, learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number, which was got delayed in its registration. Money transaction, as was said by informant, was not in consonance with the statement of abductee and independent witnesses have not supported the alleged occurrence of kidnapping nor there was any ingredient of likelihood of kidnapping for murder of alleged abductee. Accused applicant is of no criminal antecedent. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application with this contention that it was a prompt F.I.R. and abductee himself has narrated the entire prosecution case in his statement, which is supported by statement of independent witness. The offence is very heinous, therefore, bail be rejected.
F.I.R. reveals that it was got lodged on 18.4.2019 at 14.28 hours for an offence of 17.4.2019 of 20.00 hours and it was upon report of Ajay Kumar Bind mentioning therein that there was some dues taken by Phool Chandra and his son Sani from informant's father and there occurred some quarrel regarding it when on 17.4.2019 at mid day those accused persons came at the residence of informant and abused informant's father and threatened him with dire consequences. Subsequently on the same day at about 8.00 P.M. when the informant's father was at Shahipur temple he was kidnapped by those accused persons. Subsequently his father being searched but of no trace. His mobile phone was found in a water tank and it was suspected untoward happening, hence this report was got lodged. Subsequently abductee was set at free and he narrated the occurrence in his statement recorded u/s 161 Cr.P.C. in which he has categorically stated that there has been previous transactions of money between accused persons and abductee for which one occurrence was of abuse and extension of threat of dire consequences in the mid day of 17.4.2019 at the residence of abductee and then after in the evening at a temple those accused persons along motorcycle abducted him by force and he was taken to their home, wherein he was kept under captivity and in the night of 18.4.2019 Phool Chandra Yadav @ Gullu, his relative Chitamani son of Baldev took him on railway crossing from where they were planning to throw him over track for getting him murdered by train accident but in between he was intercepted. Meaning thereby the motive, intention, preparation, previous extension of threat along with abuse, subsequent abduction then after preparation for getting him killed is there in the statement of abductee/victim.
Under all above facts and circumstances, severity of punishment, heinousness of offence, likelihood of tampering of evidence, fleeing from course of justice, in case of release on bail and without commenting on merits just for avoiding any prejudice to fair trial, it is not a fit case for bail.
Rejected accordingly. However, the trial court may expedite the trial.
Order Date :- 4.6.2019 Pcl