High Court
Case Details
Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43270 of 2020 Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A.,Alok Ranjan Tripathi,Kamlesh Kumar Tripathi Hon'ble Subhash Vidyarthi,J.
Legal Reasoning
1.Heard Sri P.C. Srivastava, the learned counsel for the applicant, Sri D.K. Srivastava, the learned A.G.A. for the State and perused the record. 2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 138 of 2020, under Sections 363 and 366 I.P.C., P.S. Rajpura, District Sambhal. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 17-03-2020 at 20:10 hours by the informant Naresh Yadav alleging that on 27-12-2019 his wife Mamta had scolded and slapped her daughter aged about 11 years and being annoyed from this, the daughter left her home. It is alleged that the informant and his wife were looking after their daughter and on the date of lodging the F.I.R. he came to know that his daughter was in the house of the applicant. As per the F.I.R. allegation when the informant and his wife went to the house of the applicant, his family members made her run away from the house. 4.During his statement recorded under Section 161 Cr.P.C. the informant repeated the F.I.R. story. 5.The applicant was arrested on 04-06-2020. During his statement recorded under Section 161 Cr.P.C. he has stated that he owns a tempo which is driven by a driver and he remains in the tempo with the driver. In the night of 27-12-2019, when all the other passengers of the tempo had got down, a girl aged about 18-19 years continued to sit in the tempo. It is alleged that the applicant took the girl to his house and let her stay in the night at his Gher. In the morning when the applicant's parents saw the girl, they scolded and beaten up the applicant and they asked him to drop the girl anywhere. It is further stated that the girl asked the applicant to drop her near the station and the applicant did the same and thereafter he did not not know about the whereabouts of the girl. 6.On 26-02-2021, the affidavit of Superintendent of Police, Sambhal was filed, then on 22-10-2021 a counter affidavit has been filed. On 26-11-2021 the affidavit of Circle Officer was filed and on 29-11-2021 another affidavit of Superintendent of Police has been filed and on 14-03-2022 another affidavit of the Circle Officer has been filed. 7.It has been stated in the affidavit of Superintendent of Police verified on 26-11-2021 that on 08-09-2021 the statement of the informant Naresh and his wife Mamta were recorded under Section 161 Cr.P.C. from which it appears that Mamta was earlier married to one Kishan Pal and he is the biological father of the victim. The Investigating Officer went to the house of Kishan Pal repeatedly but he could not meet him. 8.In one of the affidavits it has been stated that the police had got published and distributed some pamphlets and an advertisement was also published in the newspapers seeking information about the girl but the same could not yield any result. 9.The learned counsel for the applicant has submitted that even as per the allegations made in the F.I.R., no case under Section 363 or 366 I.P.C. is made out and the applicant has been falsely implicated in the present case. 10.In the affidavit filed in support of the bail application it has been stated that the applicant does not know about the alleged victim and he has not enticed away the girl and that the applicant has no criminal history and he is in jail since 04-06- 2020. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation. 11.Per contra, the learned A.G.A. has vehemently opposed the prayer for bail and submits that since the girl has not been recovered till date, the applicant should not be released on bail. 12.Having regard to the aforesaid facts and submissions, particularly the facts that there is no allegation that the applicant had actually taken away the girl from her home forcibly or otherwise and also several affidavits have been filed in the case but nothing has been placed on record which may substantiate that the applicant has kidnapped the girl or has forcibly kept her at his home, as also the fact that the applicant has no criminal history and he is languishing in jail since 04-06-2020, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. 13.The bail application is accordingly allowed. 14.Let the applicant - Ajay be released on bail in Case Crime No. 138 of 2020, under Sections 363 and 366 I.P.C., P.S. Rajpura, District Sambhal on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) 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 to any police officer or tamper with the evidence. 15.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail. Order Date :- 18.8.2022 pks Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.08.23 11:57:22 IST Reason: Location: High Court of Judicature at Allahabad