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VIKAS MAHAJAN
Simpal Srivastav – Appellant
Versus
State – Respondent
JUDGMENT
Vikas Mahajan, J.
1. This is a bail application under Section 439 CrPC seeking regular bail in FIR No.394/2020 under Sections 364A/365/342/323/506/102B/34 IPC registered at PS New Ashok Nagar. The case of the prosecution is that the mother of the victim on 03.09.2020 made a complaint to the police at 10:02 p.m. that the victim, her daughter, aged about 24 years went to HDFC Bank, Sector-02, Noida, U.P at about 01:30 p.m. with her ATM, passbook and cheque book and she has not returned home and despite searching for her, the victim could not be found. She suspected that some unknown person has kidnapped her daughter by luring her. On the basis of the said complaint, FIR was registered under Section 365 IPC.
2. Subsequently, on 03.09.2020 itself, the father of the victim went to the Police Station and stated that his daughter has been kidnapped for ransom and the kidnapper has demanded Rs. 40 lacs and threatened to kill his daughter, in case the demand is not fulfilled.
3. The father of the victim also produced few video recordings as well as Whatsapp messages regarding the demand for ransom. On the basis of the statement of the father, Sections 364A/506/342/323/120B/34 IPC
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....
Bail should not be granted in grave offences against minors.
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....
The willingness of the victim in the marriage and the impact of the petitioner's custody on the victim and their children were crucial in the court's decision to grant bail.
The absence of evidence implicating the accused and unexplained delay in FIR lodging justified the granting of bail.
The court emphasized the importance of prima facie evidence, seriousness of allegations, and potential threat to the victim and witnesses in deciding on bail applications.
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 court considered the impact of Section 29 of the POCSO Act on bail applications after framing of charges, and emphasized the need to balance the rights of the accused and the protection of childr....
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