Iqbal vs State of U.P.

Barkat Ali Zaidi, J.—Complainant and his brothers were captured by the accused alongwith their tractor, while they were returning from their field on 31.10.2006 around 7.00 O''clock in the night in village Bhuwapur, Police Station Kakrauli, district Muzaffar Nagar.

The complainant was released with his tractor to arrange ransom for the release of his brother. Thereafter when the complainant went with the ransom of Rs. 1 lac, it was received by the accused-applicant, but his brother was not released and the complainant lodged a first information report.

Heard Sri Gurfan Ali, advocate for the applicant and Mohd. Israil Siddiqui Addl. Government Advocate, for the State.

Trial is pending before the Fast Track Court No. 1, Muzaffar Nagar and there is no sufficient reason while pending trial, bail should be granted, particularly when the allegation is that it was the applicant-accused, who received ransom and resiled from his promise. No case for bail is made out.

One of the surprising feature of the case is that the bail application of the accused-applicant was not heard by the Presiding Judge, where the case is pending but was heard and disposed of by the Sessions Judge, which practice is not in conformity with law. Any bail application in a pending case has to be heard by Presiding Judge, hearing the case, and the Sessions Judge is not supposed to deal with it. Even if it is presented before him, he must transfer the same for disposal to the Judge, where the case is pending.

We hope that the Sessions Judge will make a note of it.

Bail refused. Application rejected.