High Court · 2022

Heard learned counsel for the applicant and learned AGA for the State. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime (FIR) No.0249 of 2021, under Sections 366 & 328 IPC, Police Station - Charwa, District - Kaushambi. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. As per the prosecution story so narrated in the FIR, the allegation against the present applicant and two other accused persons are that they kidnapped the daughter of the informant on 21.11.2021 and she was recovered on 25.11.2021 in an unconscious state. Later on, she was admitted in the hospital on 25.11.2021 and she remained there at hospital till 12.12.2021. Learned counsel has drawn attention of this Court towards Annexure No.6 of the application, which is the statement of the Doctor, who attended the victim, has said that the victim was admitted in the hospital on 25.11.2021 in an unconscious state. She was in a shocked condition, however, she had not suffered any physical injury. On that statement, the Inquiry Officer asked the specific question from the Doctor that when the victim had not suffered any physical injury, as to why she remained at hospital till 12.12.2021, for 18 days, the Doctor told that since she was in a shocked condition, therefore, so as to provide her proper treatment so that she could recoup/ recover from such condition, she remained in the hospital for 18 days. Therefore, learned counsel for the applicant has submitted that on the basis of aforesaid statement of the Doctor, it is clear that the victim has not suffered any physical injury. Further attention has been drawn towards other medical papers including the papers of her admission in the hospital in question dated 25.11.2021, which indicates that the victim was in an unconscious condition on account of RTA (Road Traffic Accident). Learned counsel has further submitted that if it was the case of Road Traffic Accident, the victim should have suffered some physical injuries but no such physical injury was there on the body of the victim. Learned counsel has drawn attention of this Court towards the statement of the victim recorded under Section 164 Cr.P.C. and the supplementary statements to that effect wherein there is apparent variation in the statements inasmuch as in one statement, she has stated that when she recouped from unconscious condition, she found that there are some injury marks on her body and was feeling some pain on her body and in personal parts. In another statement, she has levelled allegations against one Umesh to the effect that Umesh must have committed such offence as the wife of the present applicant, who is relative of Umesh, had assured that she will arrange her marriage with Umesh. Further attention has been drawn towards Annexure No.10 of the application, which is a statement of Gram Pradhan, Gram Panchayat- Pannoi, Vikas Khand- Kaushambi, the place where the alleged incident took place, who stated that the incident in question is false inasmuch as Mukesh, the present applicant, who lives at Mumbai, was not present at the spot and the victim and her sister had fought on that date. The reason of such fight was not known to him. Further, one certificate/ letter has been enclosed issued by the Company where the present applicant was serving at Mumbai, which discloses that the present applicant was at Mumbai since 19.11.2021 till 23.11.2021. Learned counsel for the applicant has further submitted that there is no previous criminal history against the present applicant. He has submitted that investigation is going on and the applicant is willing to participate in the investigation, therefore, his liberty may be protected till completion of investigation. Learned counsel undertakes on behalf of the applicant that the applicant shall not misuse the liberty of anticipatory bail if he is granted and shall abide by all terms and conditions of the bail order. Per contra, learned AGA has opposed the aforesaid prayer of the learned counsel for the applicant but could not dispute the submissions so made by the learned counsel for the applicant. Without entering into merits of the issue; considering the arguments of the learned counsel for the parties; allegations and contents of the FIR; other material available on record, which has been considered during the course of the arguments; the fact that investigation is going on and undertaking of the applicant that he shall cooperate with the investigation, I find it appropriate that liberty of the present applicant may be protected till filing of charge sheet, if any, under Section 173 (2) Cr.P.C. in view of the dictum of the Hon'ble Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98. Therefore, it is directed that in the event of arrest, applicant- Mukesh shall be released on anticipatory bail in the aforesaid case crime number till filing of police report under Section 173 (2) Cr.P.C. on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-

1. that the applicant shall make himself available for interrogation by a police officer as and when required;

2. that the applicant shall not, directly or indirectly make any 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 to any police officer or tamper with the evidence;

3. that the applicant shall not leave India without the previous permission of the court;

4. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;

5. that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

6. that the applicant shall not pressurize/ intimidate the prosecution witness. In the aforesaid terms, the instant anticipatory bail application is disposed of. Order Date :- 4.8.2022 RBS/- [Rajesh Singh Chauhan,J.] Reason: Location: High Court of Judicature at Allahabad