The Bombay High Court at Goa grants bail to two accused convicted of kidnapping, based on the grounds of prolonged trial, lack of criminal precedents and no flight risk.
The Bombay High Court at Goa grants bail to two accused convicted of kidnapping, based on the grounds of prolonged trial, lack of criminal precedents and no flight risk.
Title: Vijay and Anurag Kumar v. Police Inspector
Decided on: July 10, 2023
Citation: 2023 SCC OnLine Bom 1369
CORAM: HON’BLE JUSTICE M.S. KARNIK
Introduction
The Bombay High Court at Goa grants bail to two accused convicted of kidnapping for ransom, based on the grounds of prolonged duration of trial, lack of criminal precedents and flight risk.
Facts of the Case
This is an application for bail by each of the applicant for the offence registered vide FIR No. 18/2021 of Vasco Police Station. They have been charged with offences punishable under Sections 365, 364(A), 465, 471, 394, 120(B) read with Section 34 of IPC. The victim was kidnapped by the accused, who are 12 in number and was detained in a villa for ransom on pretext of providing visa to go to Canada. It is alleged by the victim that he was held as a hostage for ransom and was tortured. Due to alertness and smartness of the victim, an Afganistani national, who gave a clue to his fiancee, that the culprits could be apprehended.
Court Analysis and Judgement:
After taking into account the facts of the case, the Court considered the possibility of a long, stretched trial process. The Court said that the trial is likely to take a long time to conclude. The Court also found that the applicants did not appear to be flight risk and there were no criminal antecedents reported against them. Based on these grounds, the Court saw no reason to withhold their bail and granted both the applicants bail on a bond each costing rupees 25000.
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Written by- Reema Nayak