High Court
Case Details
Court No. - 74 Neutral Citation No. - 2023:AHC:108328 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17701 of 2023 Applicant :- Aryan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar,Saurabh Chaturvedi Counsel for Opposite Party :- G.A.,Ajay Kumar Mishra Hon'ble Sameer Jain,J. 1. Heard Sri I.K.Chaturvedi, learned senior counsel assisted by Sri Vijay Singh Sengar, learned counsel for the applicant, Sri Ajay Kumar Mishra, learned counsel for the informant and Sri Tanay Kumar, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.83 of 2023, under Sections 365, 366, 376D and 506 IPC, Police Station Manjhanpur, District Kaushambi during pendency of the trial.
Legal Reasoning
3. FIR of the present case was lodged on 10.3.2023 against the applicant and one Chinman Pandey @ Anand under Sections 365, 366 and 506 IPC and according to the FIR, the niece of the informant aged about 22 years is a major and married lady and on 9.2.2023 at about 8-9.00 PM applicant along with co-accused Chinyam Pandey @ Anand abducted her from Vehicle No. UP70FK3666 Mahindra XUV 500. It is further mentioned in the FIR that for the purpose of forceful marriage, they abducted the victim. 4. Learned counsel for the applicant submits that entire allegation against the applicant is totally false and baseless and applicant did not abduct the victim. He further submits that the victim is a major and married lady aged about 22 years of age and applicant and victim were very close since Class-IX and both loved to each other and even after her marriage, the victim was in constant touch with applicant and number of occasions she insisted that she should be taken by applicant and these facts are evident from the whats app chat of applicant and victim which has been annexed as Annexure-5 to the supplementary affidavit filed in support of the present bail application. 5. He further submits that even well before marriage victim was in constant touch with applicant and they were close friends and all these facts are also evident from whats app chat, Annexure-7 to the affidavit filed in support of the present bail application. 6. He next submits that even from the statement of victim recorded under Section 161 Cr.P.C. this fact is evident that applicant and victim studied together since Class-IX and when applicant was taken to her to Varanasi then she also paid Rs. 2,000/- as applicant was not having money and from the statement of the victim recorded under Section 161 Cr.P.C. her consent is evident although under the pressure of informant, i.e., maternal uncle, the victim in her both the statements recorded under Sections 161 and 164 Cr.P.C. alleged that applicant and co- accused abducted her and thereafter they committed rape with her. 7. He further submits that victim alleged to have been abducted on 9.3.2022 and was recovered on 11.3.2022,i.e., after about two days and in two days she stayed along with applicant in Varanasi and in the meantime she did not raise any alarm and she is a major and healthy lady and it is hard to believe that if she will be abducted then she will not resist. 8. He further submits that from the statement of the victim recorded under Section 161 Cr.P.C. it appears that immediately after the incident she was apprehended by the informant and others along with applicant but this fact is totally false as recovery memo which has been annexed as Annexure-4 to the affidavit filed in support of the present bail application shows that victim was recovered alone on 11.3.2023 on the basis of the information furnished by Police informer while she was standing on the road near Masuriya Mata Mandir. 9. He next submits that from the facts stated above, it is evident that victim was consenting party and she is a major lady and, therefore, applicant may be enlarged on bail. 10. He further submits that applicant in the present matter is in jail since 14.3.2023.
Legal Reasoning
11. Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail and submitted that applicant along with co-accused Chinmay Pandey @ Anand abducted the victim and thereafter both committed rape with her and victim in her both the statements recorded under Sections 161 and 164 Cr.P.C. made allegation of abduction and rape against the applicant and co-accused Chinmay Pandey @ Anand. They further submitted that even if victim and applicant were having good friendship and they were close then applicant is not having any right to abduct her and commit rape with her. 12. Learned counsel for the informant further submits that actually victim was apprehended by the informant and others while applicant was abducting her but with the connivance of Police, FIR from the side of informant was not lodged and after two days a false recovery memo was prepared. He further submits that from the perusal of Annexure-7 to the affidavit, i.e., whats app chat of applicant and victim it appears that it was of May and no year is mentioned and incident is said to have taken place in the month of March, 2023, therefore, it appears that whats app chat which has been annexed was old one and merely on the basis of whats app chat which has been annexed as Annexure-7 to the affidavit it cannot be said that even after marriage victim was in constant touch with applicant. He further submits that as before marriage victim was closed to applicant as they were closed friends, therefore, even after marriage applicant was continuously pressurizing her to marry with him and when she refused to marry then applicant abducted her with the help of his friend, i.e., co- accused Chinmay Pandey @ Anand and, therefore, considering the statement of the victim recorded under Sections 161 and 164 Cr.P.C., applicant should not be released on bail. 13. I have heard learned counsel for the parties and perused the record of the case. 14. From the record it reflects that victim in her both the statements recorded under Sections 161 and 164 Cr.P.C. made allegation of rape and abduction against the applicant and co- accused Chinyam Pandey @ Anand but victim is a major and married lady and admittedly applicant was well known to her and both were close friends and even as per victim, she even after abduction provided Rs.2,000/- to the applicant for the purpose to purchase bus ticket and from the whats app chat of the victim and applicant, it reflects that they were very close to each other and from annexure-7 to the affidavit and annexure-5 to the supplementary affidavit although it could not be reflected that what was the date of this chatting but from the perusal of chatting it appears that victim was very close to the applicant and she often insisted him to take her away. 15. Therefore, considering the facts and circumstances of the case, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Aryan Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 18.5.2023 SKM. Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad