- (1.) Heard Mr. A.K. Kashyap, learned Sr. counsel appearing for the appellant, Mr. Sanjay Kumar Srivastava, learned Addl. P.P. appearing for State and also Mr. Nilesh Kumar, learned counsel appearing for the informant, on the Interlocutory application bearing I.A. No. 3786 of 2016, wherein prayer has been made to enlarge the appellant, namely, Chhotu Pandey @ Himanshu Pandey @ Himansu Kumar Pandey on bail, during the pendency of the instant appeal, after suspending the sentence.
(2.) Mr. A.K. Kashyap, learned Sr. counsel appearing for the appellant has submitted that absolutely there is no material or evidence against this appellant to show that he had made any demand of ransom and there is no nexus of the appellant in kidnapping the victim with the main accused persons. He further submits that P.W.7 victim has stated in his evidence that he was called by Pappu Pandey over phone about some important work and when he came near his old house, Pappu and Rajesh Kumar Verma both of them on the point of pistol had made him to sit in the car, which was driven by Rajesh Kumar Verma. He further submits that at the time of confinement of the victim, there is no demand of ransom by this appellant and this appellant had allegedly followed the vehicle by motorcycle. He further submits that in his evidence P.W.7, victim has stated that he knew this appellant Chhotu Pandey @ Himanshu Pandey @ Himansu Kumar Pandey from earlier and the appellant is languishing in jail since 26.05.2014 i.e. for 2 1/2 years, therefore, the appellant may be released on bail.
(3.) Mr. Nilesh Kumar, learned counsel for the informant vehemently opposes the prayer for bail on the ground that as per the statement of P.W.7, victim, he was kidnapped from his old house and he was put in a vehicle by Pappu Pandey and Rajesh Kumar Verma and after some time near Redma over bridge this appellant Chhotu Pandey @ Himanshu Pandey @ Himansu Kumar Pandey and others followed the vehicle by motorcycle and, therefore, it is not a fit case to admit the appellant on bail.;