Allahabad High Court
Abhi Sharma Alias Ravi vs State Of U.P. on 24 July, 2023
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:146926 Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29015 of 2023 Applicant :- Abhi Sharma Alias Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Singh,Pavan Kishore Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The FIR in question was lodged alleging that the son of the informant aged about 24 years was coming home and on the way, three persons who were driving Celerio car was abducted the son of the informant. A call was received from the phone number of the son of the informant demanding an amount of Rs. one lac. On receiving such request, the informant immediately deposited Rs. 90,000/- and thereafter, the phone was shown as switched off.
3. Subsequently, in another case, the version of the police authorities was that three persons driving Celerio car were chased and while chasing they threw one persons off the vehicle. It is also on record in the said case that the said persons were chased and a firing also took place which resulted in injury to the persons allegedly stating in the said Celerio car including applicant who sustained injuries in the leg.
4. Learned counsel for the applicant argues that on the basis of the version as contained in the FIR, the case was that three persons had forcefully abducted the son of the informant from whose phone, a call was received for payment of an amount of Rs. one lac. He argues that even if for the sake of argument, the contentions as noted in the FIR are treated to be correct, no case under Section 364-A IPC can be said to be made out inasmuch as, it is essential that a threat to cause death or hurt should be present, whereas, no such threat appears to be in the FIR or in the statement of the victim. He argues that in the worst case scenario, the offence can be one punishable under Section 365 IPC and not 364-A IPC. He argues that applicant has no criminal antecedents prior to the offence in question and subsequent to the implication in the present case, the applicant has been implicated in three other cases as explained in para 18 of the bail application.
5. Learned A.G.A. for the State opposes the bail. However, he is unable to demonstrate any threat or fear shown, which is necessary ingredient for invoking Section 364-A IPC.
6. Considering the averment made at the bar, prima facie, the ingredients to attract Section 364-A IPC are missing. The applicant is in custody since 21.01.2023, as such the applicant is enlarged on bail. There is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.
6. Accordingly, the bail application is allowed.
7. Let the applicant Abhi Sharma Alias Ravi be released on bail in FIR/ Case Crime No. 12/2023, under Section 364-A IPC, P.S. Expressway, District Gautam Buddh Nagar, on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) 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.
Order Date :- 24.7.2023 S.A.