The Allahabad High Court while granting the bail said that the youth in this country under the influence of the social media, movies, T.V serials and the web series being shown are not able to decide about the correct course of their life and in search of their correct soulmates, they often land up in the company of wrong person.
A Single Bench of Justice Siddharth passed this order while hearing a Criminal Misc Bail Application filed by Jai Govind @ Ramji Yadav.
The bail application has been filed on behalf of the applicant, Jai Govind @ Ramji Yadav, with a prayer to release him on bail in Case under Sections 306, 504 and 506 IPC, Police Station- Nawabad, District- Jhansi during pendency of trial.
The implication of the applicant has been made after proceedings under Section 156(3) for committing the offences under Sections 306, 504, 506 IPC.
The prosecution case is that the applicant and the daughter of the informant, were having a love affair. The applicant and co-accused persons had threatened the informant and her husband due to which her husband went into depression and died on 21.04.2021 due to heart attack.
It is further alleged that on 27.10.2021, the applicant and co accused persons entered into the house of the informant and threatened them and Case under Section 504, 506 was registered against them.
It was further alleged that due to threats extended by the applicant, the daughter of the informant had given Rs 1 lakh to him.
On 08.05.2022, she was kidnapped and raped by the applicant and other co-accused persons for four days as a result of which she suffered depression. She was again abducted on 09.06.2022 and thereafter, left in the market. She met her sister and informed her that she has been given something intoxicating to drink and thereafter she was subjected to rape by the accused persons who made her video also. Thereafter, she became unconscious and was taken to hospital where she died on 10.06.2022.
Counsel for the applicant has submitted that admittedly the incident took place on 09.06.2022 and the victim, died on 10.06.2022, but the application was made before the CJM, Jhansi, under Section 156(3) Cr.P.C, on 18.06.2022 whereon FIR was lodged on 04.07.2022.
He has further submitted that the deceased died in the hospital where she was allegedly taken by her sister, on 09.06.2022 but the ward boy of the Medical College, Jhansi, Namely, Manoj, informed the police about her death by consumption of poison. Thereafter, an inquest of the body of the deceased was conducted and the cause of her death was not ascertained and viscera was preserved. The informant was present with the deceased all through and she did not make any complaint to the police even after the death of the deceased. After the death of her daughter, an informant made a complaint against one, Ayush Thakur, with whom the deceased had a close relationship. Aforesaid, Ayush Thakur, was a close relative of a sitting MLA of ruling party.
Hence, the First Information Report was not lodged against him. After the alleged incident, the informant repeated the same allegations as in the FIR, in her statement under Section 161 Cr.P.C. Independent eye witness denied seeing any such incident. The younger sister of the deceased also repeated the allegations in the FIR. The Investigating Officer recorded the statements of landlords of the house where the deceased used to live.
They stated that the deceased was having a love affair with Ayush Thakur, but their relationship was also not acceptable to the family of the deceased. Quarrel used to take place between both the families therefore the landlord asked the deceased and her sister to vacate his house. Subsequent landlord also informed the police that the deceased had come to live in their house and was having an affair with a boy living in Shivaji Nagar. The owners of the society in the locality stated before police that the deceased purchased an All-Out mosquito repellant and consumed the same in the marketplace on the date of her death.
Counsel for the applicant has submitted that even the implication of the applicant under Section 306 IPC is not in accordance with law since there is no evidence of abetment of suicide of the deceased against the applicant. The applicant has not committed any direct or indirect act for instigating the deceased to commit suicide. There was no positive action of the applicant which may have compelled her to commit suicide. The applicant has been languishing in jail since 28.11.2022.
A.G.A and counsel for the informant have vehemently opposed the prayer for bail of the applicant and have submitted that the offences alleged against the applicant are fully made out.
After hearing the rival contentions, the Court found that it is a case where the deceased had an initial affair with the applicant and both wanted to marry, but family members of the deceased came in their way. Thereafter the victim developed a relationship with another boy, Ayush Thakur, but the relationship with the applicant does not appear to have been fully broken. Between the two relationships, the deceased could not find out any clear way and therefore, it appears that she consumed the mosquito repellant of Good Night after purchasing it from a shop and fell unconscious in the marketplace. She was taken to the hospital where she died during treatment. Initially allegations in the FIR were not found to be correct by the Investigating Officer which were regarding commission of offences of abduction and murder of the deceased.
The Court further found that this is one of the many cases coming to the court where the youth in this country are spoiling their lives due to the lure of free relationship with the member of the opposite sex aping western culture and not finding any real soulmate in the end.
The Court said that,
In the case, the victim hopped from one affair to the other with number of boys and later on account of resistance of her family or incompatibility with the boys she befriended, she committed suicide in frustration. This shows that the youth in this country under the influence of social media, movies, T.V serials and the web series being shown are not able to decide about the correct course of their life and in search of their correct soulmates, they often land up in the company of the wrong person. The Indian families have not yet been able to accept the choice of their children, when it comes to selection of their life partners. Their family also stumbles on the issues of caste, religion, monetary status, etc., of the partner chosen by their child and this sometimes leads to their children absconding from home for marrying person of the own choice; sometimes to suicide and sometimes to further relationship contacted in hurry to fill the emotional lacuna left by the earlier unsuccessful relationship. Indian society is in the state of confusion whether to permit their young children to adopt the western norms or to keep them firmly within the bounds of Indian culture. The young generation, unaware of the consequences of following the western culture is entering into the relationships being aired on the social media, movies etc., and thereafter ,after denial of social recognition to their choice of partner they become disillusioned and behave, sometimes against the society, sometimes against their parents and sometimes also against the partner of their choice when they do not find any way out from the predicament wherein they get landed after entering into such relationship. The social media, movies etc., show that multiple affairs and infidelity to the spouse are normal and this inflames the imagination of impressionable minds and they start experimenting with the same, but they do fit in the prevailing societal norm.
“Having considered the submissions of the parties noted above and relevant cases laws finding force in the submissions made by the counsel for the applicant, keeping in view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs C.B.I & Another, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case”, the Court further observed.
The Court ordered that,
Let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 CrPC.