By means of this application, the applicant, who is involved in Case Crime No.0050/2021, under Sections - 364-A, 120-B/34 I.P.C., Police Station - Kotwali Nagar, District - Gonda, is seeking enlargement on bail during the trial.
According to the version in the F.I.R. is that the son of the complainant was missing since 18.01.2021 from S.C.P.M. College, Gonda and the complainant had also received a ransom call from a mobile no.9582526573 on 19.01.2021 demanding Rs. 70 lacs by 22.01.2021 for releasing his son.
Learned counsel for the applicant has submitted that at the time of abduction of son of the complainant, the applicant was also accompanied with the other co-accused persons. It is further submitted that she made a phone call to the son of the informant and asked him to come out from the hostel. It is further submitted that the applicant was doing all this as she was not aware about the planning of co-accused Dr. Abhishek that he was going to kidnap the son of the complainant. Dr. Abhishek had asked the applicant to contact the son of the complainant claiming him to be his friend and playing prank with him and under this misconception the applicant had called the son of the complainant. It is further submitted that the applicant has asked him to leave the victim/ son of the complainant immediately. It is further submitted that co-accused Abhishek alongwith two other co-accused persons dropped the applicant outside her house on 19.01.2021 with a threat that if she disclosed the incident to anyone, she would face its consequences. It is further submitted that she has ended her relation with Dr. Abhishek as fiancee. It is further submitted that the applicant immediately wrote a letter dated 19.01.2021 addressed to the Station House Officer, Police Station Ranhaula Mahri, Delhi and in pursuance of this letter, the case was solved and son of the complainant was recovered safely. It is further submitted that the only offence committed by the applicant is that she believed blindly upon her fiance, Dr. Abhishek and made a phone call to the son of the complainant. It is further submitted that the applicant is more as an approver rather than an accused. It is further submitted that the applicant is a doctor belonging to a well educated family. It is further submitted that the applicant is a lady and is having no criminal history. She is languishing in jail since 31.01.2021.
On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and has submitted that it is an admitted case that the applicant is involved in the offence of kidnapping as she herself stated the same in her letter dated 19.01.2021 addressed to the Station House Officer, but unable to dispute the submissions raised by the learned counsel for the applicant.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let applicant (Dr. Preeti Mehra) be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
(i) The applicant shall however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 13.8.2021 S. Kumar