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.

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:-

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. The victim was recovered on 17.12.2022 from the custody of the accused Aman and Dev Barak from a car bearing registration No.HR-12AK-5316. Her custody was handed over to her parents. Her statement under Section 164 Cr.P.C. was recorded as per which, on the fateful day, the petitioner-Anshul along with co-accused Satender and Mohit were found present in a Zeta car in front of her college when she reached there. Anshul had alighted from the car on seeing her and tried to talk to her but when she did not respond, then on gunpoint, he forced her to board in the car. The car was rushed towards Sonepat wherein two more youths i.e. accused Aman and Dev joined them in a separate Verna car. All of them took the victim to Delhi Court where they had already hired some advocate for the purpose of solemnizing marriage of the victim with the petitioner. However, since she refused to perform marriage, therefore, nothing could be done there though she was threatened to face dire consequences. Her cell phone was taken from her. She further recorded that she had been then taken to Haridwar, Chandigarh and ultimately to Karnal Court wherein also efforts were made by all five of the accused to get her marriage solemnized with the petitioner Anshul but they could not succeed and thereafter, the petitioner Anshul and Satender stayed in Karnal whereas she was brought to Panipat by the co-accused Aman and Dev wherein they procured her signatures on some affidavit and then she was taken towards Rohtak from where she was recovered from their custody. In view of her statement, offences under Sections 366, 379B, 506 read with Section 120B of IPC were also added. The accused Aman and Dev Barak were arrested on 17.12.2022. The present petitioner was arrested on 20.12.2022. He was interrogated and suffered disclosure statement admitting his involvement in the subject crime and got recovered a country made pistol and mobile phone of the prosecutrix which were snatched by him from her. Offence under Section 204 of IPC was also added. The remaining accused Mohit and Satender were arrested subsequently. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently, the petitioner along with the co-accused is facing trial for commission of the aforementioned offences.

3. The present petition has been filed by the petitioner on the grounds and it is argued by his counsel that he has been falsely implicated in this case. Infact, he was in relationship with the prosecutrix and both of them wanted to marry each other whereas the parents of the prosecutrix were against it due to the fact that they belonged to different castes and that is why, both of them had left for performing marriage with each other against the wishes of the parents o