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PRATEEK JALAN
Ashish Kumar@pintoo – Appellant
Versus
State – Respondent
JUDGMENT
Prateek Jalan, J. - By way of this application under Section 439 of the Code of Criminal Procedure, 1973 ['CrPC'], the applicant seeks regular bail in FIR No. 609/2017, dated 08.09.2017, registered in Police Station Ranhola, originally under Section 363 of the Indian Penal Code, 1860 ['IPC'].
2. The FIR was registered on the complaint of one Subhash Gupta, which stated that, on 07.09.2017 at about 6:45 PM, his son Santosh (aged about five and half years old) had gone out to play near his house but did not return.
3. The petitioner was arrested in connection with this offence on 09.09.2017 and remains in continuous judicial custody since then.
4. The charge sheet was filed on 05.12.2017, wherein the statement of the complainant was recorded that his son was last seen on 07.09.2017 with his tenant Surender Kumar. It is alleged that, upon receiving a call from the complainant, who called from the telephone of one Raju Prasad, Surender Kumar demanded a ransom of ?10 lakhs. as far as the present petitioner is concerned, the charge sheet records that the complainant also received a call made by the petitioner, and demanded the aforesaid amount, failing which the petitioner threat
The seriousness of the charge alone cannot be the ground to deny bail, especially when the trial is at an advanced stage and the accused has no criminal antecedents.
The judgment emphasizes that the seriousness of the offence is not the sole criterion for denying bail and highlights the limited circumstances under which the liberty of an undertrial could be restr....
The object of bail is to secure the appearance of the accused at trial, and imprisonment before conviction has a substantial punitive content and should not be used as a mark of disapproval of former....
The decision to grant bail was based on the special reasons emerging from the investigation and the peculiar facts and circumstances of the case, as well as the interpretation of relevant legal provi....
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