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MANISHA BATRA
Anshul – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mrs. Manisha Batra, J.
The present petition has been filed under Section 439 of Cr.P.C. seeking regular bail in FIR mentioned below:-
| FIR No. | Dated | Police Station | Sections |
| 352 | 16.12.2022 | P.S. Civil Lines, Rohtak | 365, 379B, 506, 120B, 34, 204 and 366 of IPC and 25 of Arms Act |
2. Brief facts of the case relevant for the purpose of disposal of the present petition are that the aforementioned FIR was initially registered under Sections 365 read with Section34 of IPC and Section 25 of Arms Act on the basis of a complaint lodged by the complainant "J" (name withheld) on 16.12.2022 alleging that his 20 year old daughter studying in BA-III class had gone to her college along with two of her friends at about 7 AM. At about 8:30 AM, he received call on his phone from one of her friends who intimated that the victim had been abducted by three boys in a car in front of her college and one of them was having an armed weapon. On hearing so, the complainant immediately rushed towards the college of his daughter and on making inquiries, he came to know the name of one of them as Anshul who was also having a weapon with him. Investigation proceedings were initiated. T
The court granted bail to the petitioner, finding insufficient evidence for abduction charges, emphasizing the victim's status as a major and the nature of their relationship.
The court granted bail based on the lack of supporting evidence from the victim and her friend, and the lengthy detention of the petitioner.
The absence of evidence implicating the accused and unexplained delay in FIR lodging justified the granting of bail.
The absence of evidence showing inducement by the accused negates charges of kidnapping under IPC, even if the victim is a minor.
Point of Law : Statement of victim shows that she had not made single allegations against petitioner but in the instant case, it is to be kept in mind that victim was a minor on date of offence so he....
The victim's refusal for medical examination, lack of allegations against the petitioner, and her expressed desire to live with the petitioner influenced the court's decision to grant bail.
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