BA1/65/2020 of VIKKY THAKUR Vs STATE OF UTTARAKHAND

BAI No.65 of 2020 With CRMA No.1039 of 2020 (Exemption Application) Hon’ble R.C. Khulbe, J.

Mr. S.K. Shandilya, learned counsel for the

applicants.

Ms. Manisha Rana Singh, learned A.G.A. for the State.

Applicants- Vivek Thakur @ Vikky and Nikhil Thakur @ Nikky have sought their release on bail in connection with Case Crime/FIR No.325 of 2019, u/s 386, 504 IPC, Registered at P.S. Kankhal, District Haridwar.

It is argued that the applicants have been falsely implicated in the crime and no offence is made out against them; they are languishing in jail since 29.10.2019; as per the FIR, the accused made ransom call from mobile no.[REDACTED] in the phone of the informant, which is mobile no. [REDACTED] for demand of Rs.20 lakhs as ransom from the Haridwar jail.

During the course of investigation, it reveals that the so-called ransom call was made from mobile no.[REDACTED], which relates to Gaurav Chanchal; at the time Gaurav Chanchal was also in Haridwar jail; on the basis of statement of Gaurav Chanchal, both the present accused have been falsely been implicated; it is not possible to make ransom call by both the persons at the same time from one mobile; apart from that, there is no voice on record collected during the investigation; apart from that, the accused have been enlarged on bail in other criminal cases; they are the only bread earner of their family; charge sheet has already been submitted; there is no chance of tempering the evidence and they are ready to furnish the sureties.

Per contra, learned A.G.A although opposed the bail, but it is true that on the basis of the statement of the co-accused Gaurav Chanchal, both the present accused were implicated in the present case.

As per the statement of Gaurav Chanchal, the accused made ransom call from mobile of

Gaurav Chanchal, but the voice of the accused were not recorded by the informant; there is no previous enmity between the accused and the informant; the accused are languishing in jail since 19.10.2019; charge sheet has been submitted, there is no chance of tempering the evidence and it will take time to conclude the trial due to COVIT-19 Pandemic.

Without making any comment as to the final merits of the case, I am of the view that the applicants deserve bail at this stage.

The bail application is, accordingly, allowed. Let the applicants be enlarged on bail on executing personal bonds and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court/Magistrate concerned.

All pending applications, if any, stand disposed of accordingly.

Balwant

(R.C. Khulbe, J.)

13.05.2020