Desraj vs The State of U.P.

Heard learned Counsel for the applicants-Appellants and the learned Additional Government Advocate on the application for bail moved u/s 389 Code of Criminal Procedure along with the instant appeals.

Since Appellants-Desraj, Babloo Nat alias Raj Kishore, Vinod Yadav, Sushil Yadav and Ram Naresh have preferred the appeals against one and the same judgment and order dated 07.02.2008 passed by the learned Special Judge, Gangster Act, Luck now in Sessions Trial No. 234 of 2004 whereby they have been convicted u/s 364-A Indian Penal Code and have been sentenced for maximum term of life imprisonment with fine stipulation, the applications are being taken up together.

We have gone through the judgment and record of lower court.

It comes out that incident had taken place on 29.10.2003 of which FIR was lodged by Anoop Kumar Nigam against unknown persons alleging therein with respect to abduction of his brother Rajendra Kumar Nigam; on 30.10.2003 as well as on 31.10.2003 two letters were written by abductee-Rajendra Kumar Nigam asking his brother Anoop Kumar Nigam-complainant (PW-1) for payment of certain amount as ransom to the accused persons; complainant-Anoop Kumar Nigam along with Ajay Kumar Nigam (PW-2) on the dictation of the accused boarded on last bogie of the train; on a particular place where black-flag was embedded in a field 5 lacs rupees was thrown; at the same point of time the complainant was able to read number of two motorcycles and also recognized accused persons, who were sitting on them, and name of the accused persons had come into light as two accused persons accompanied PW-1 and PW-2 in the same bogie.

Argument advanced by the learned Counsel for the Appellants is that had it been case of the prosecution as the prosecution story goes that two letters written by abductee were found by the complainant on 30.10.2003 and 31.10.2003, there was no occasion for the complainant to keep the same with him and handed over the same to the investigating agency only on 11.12.2003. Though the letters were got proved, but it was not proved that they were in the hand-writing of the abductee nor the same were sent to hand-writing expert for being proved. No amount was recovered and it seems to be quite awful that on the moving train the complainant was able to recognize number of two motorcycles and also accused persons, who belong different districts. Except Appellant-Desraj, who was on bail during the course of trial and he did not misuse the liberty of bail granted to him, all the Appellants have been in jail since the year 2004. It is also stated that all the appeals are of the year 2008 and there is no likelihood of the same being heard and decided in near future.

Taking into consideration overall aspects of the matter, we find it a fit case for bail.

Let Appellants-Desraj, Babloo Nat alias Raj Kishore, Vinod Yadav, Sushil Yadav and Ram Naresh, convicts of the aforesaid sessions trial, be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate/Court concerned.

Realization of half of the fine is stayed and remaining half of the fine shall be deposited by the Appellants within one month from the date of their release on bail.

Chief Judicial Magistrate/Court concerned is directed to transmit to this Court photocopies of bonds and sureties filed by the Appellants to be preserved in the record maintained here.