Imprisonment At Trial Stage Cannot Be Prolonged Only For Teaching Accused A Lesson: Delhi High Court Grants Bail To Accused In Kidnapping Case

Granting bail to an accused in a case of kidnapping for ransom after a custody of almost two years and nine months, the Delhi High Court said that at the stage of the trial, imprisonment cannot be prolonged only for the purpose of teaching the accused a lesson.

Justice Vikas Mahajan said it is trite that the seriousness of an offence is not the only criteria for denial of bail.

"A person who has not been convicted should only be kept in custody, if there is a possibility that he or she might abscond or tamper with evidence or threaten the witness. Merely because the offence is of a serious nature, cannot be the ground to curtail the personal liberty of an under trial for an indefinite period," said the court.

The charge sheet has already been filed and no recovery is required to be made from the petitioner who is in custody since September, 2020, the court noted.

The court was hearing the bail plea of the accused booked under Sections 364A, 365, 342, 323, 506,102B, 34 IPC registered at PS New Ashok Nagar. According to the prosecution, the victim gave a statement under Section 164 CrPC that she was kidnapped by the accused person and his girlfriend for ransom. The victim alleged that she was also beaten by them. Her mobile phone was also taken by the accused person from which calls and Whatsapp messages were sent demanding ransom.

According to the complaint, a demand of Rs 40 Lakh was made.

The court said the examination-in-chief of the victim has already taken place and there are 23 witnesses cited by the prosecution. It will take a long time to conclude the trial, it added.

“At the stage of the trial, imprisonment cannot be prolonged only for the purpose of teaching the accused a lesson. The case of the prosecution and the defense of the accused persons is yet to be tested at trial,” Justice Mahajan said.

The court also observed that it is not the case of the prosecution that any injury was caused by the accused persons to the victim. Even the MLC of the victim records that "no fresh external injuries seen through naked eye examination", noted the court.

"It is also not the case of the prosecution that the petitioner is a habitual offender or hardened criminal, who in the event of being enlarged on bail, may flee from justice or again indulge in such activities," the court said while granting bail to the accused subjecting to certain conditions.

Case Title: Shah Alam v. NCT Delhi

Citation: 2023 LiveLaw (Del) 523

Advocate Aditya Singh appeared for the applicant and Amit Sahni, APP for the State.

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