Bombay High Court at Goa grants bail to accused due to the prolonged incarceration
Title: Anil Kumar v. Police Inspector
Decided on: August 3, 2023
Citation: 2023 SCC OnLine Bom 1608
CORAM: HON’BLE JUSTICE PRAKASH D. NAIK
Facts of the Case
This is an application for bail for the offences punishable under Sections 365, 364(A), 465, 471, 394, 120(B) read with Section 34 of the IPC. The case of the prosecution is that the complainant and another victim were allegedly kidnapped and confined in a room at Porvorim. Threats were issued to them to extort money. Some of the inmates had allegedly assaulted them with wooden danda. Addl. Public Prosecutor submitted that there is sufficient material showing involvement of the applicant in the crime. There is evidence to show link between the applicant and the mastermind of the crime.
Court Analysis and Judgement:
The learned counsel for the applicant submitted that no specific role has been attributed to the applicant. There is vague allegation with regard to assault by the applicant and others. There are no criminal antecedents against the applicant. The Court found that the applicant had also been in custody for a substantial period of time and further detention of the applicant is not necessary. Therefore bail was granted to the applicant on a PR bond of rupees 25000.
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Written by- Reema Nayak
