No Motive or Reason Can Be Assigned to Merely a Domestic Help (Servant) – Delhi HC Grants Bail in Kidnapping and Attempted Murder Case

In a significant judgement, the Delhi High Court granted bail to Vicky Anand, a domestic helper, in a complex case involving charges of kidnapping, illegal confinement, attempted murder, and criminal conspiracy. Justice Amit Mahajan, presiding over the case, observed that no clear motive or reason could be assigned to the applicant, who was merely a domestic helper in the residence of the co-accused persons.

The bail application hinged on the interpretation of Section 439 of the Code of Criminal Procedure, 1973, in light of the allegations made under various sections of the Indian Penal Code, including 365, 367, 368, 307, 506, 34, and 120B. A significant point of the judgement was the treatment of evidence by a hostile witness in the light of the Supreme Court’s decision in Mrinal Das v. State of Tripura.

The case stemmed from a complaint filed by the victim, who alleged that after eloping and marrying a woman against her family’s wishes, both were kidnapped, and he was grievously injured by the woman’s family. However, during the trial, the victim turned hostile, denying his earlier statements and alleging that the police obtained his signature on blank papers.

Justice Mahajan meticulously assessed the evidence and circumstances, especially highlighting the victim’s hostile testimony. The court observed that the applicant was not initially named in the FIR or the initial chargesheet and was implicated only in the supplementary chargesheet without a clear motive. Considering the absence of the applicant’s name in initial stages, the lack of criminal antecedents, and the victim turning hostile, the court found it reasonable to grant bail.

Vicky Anand was granted bail on a personal bond of ₹20,000 with two sureties of the same amount. Conditions included a restriction on leaving the National Capital Region without permission, regular appearance in court, and the requirement to keep his mobile phone s[gview file="https://lawyerenews.com/wp-content/uploads/2024/02/Del-19-Feb-24-Vicky-Bail.pdf"]witched on and responsive to law enforcement.

 Date of Decision: 19^th February 2024

Vicky Anand Vs. State of NCT of Delhi