AMJAD ALI Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of an application filed on behalf of the petitioner under Section 438 Cr.P.C. for grant of anticipatory bail apprehending his arrest in FIR No. 368/2009 filed by complainant under Section 419/420/468/469/471/354/352 IPC registered at P.S. Anand Vihar, Delhi.

(2.) BRIEFLY stated the facts of the case are that on 17.08.2009 the FIR was registered at P.S. Anand Vihar on the allegations made by the complainant, that she happens to be a student of B.A, first year in Ambedkar College and the accused was also in the same college and was her friend. After assuring her that he had good links in some companies and in garb of the promise of getting job asked the complainant to submit her documents i.e. school certificates, address proof photos and other documents. Believing the same, complainant submitted her documents to the accused on the basis of which accused/applicant is harassing her to marry. She has further alleged that accused had made fabricated documents of the marriage and even filed one petition at Ambedkar Nagar, U.P for restitution of marriage and thereafter, accused/applicant along with his associates came to the house of the complainant and threatened her.

(3.) IT is also submitted by the applicant that on 30.07.2009 at about 4.00 PM, he received a call from the house of the complainant whereby he was called at the house of the complainant where he found the father, mother and sisters of the complainant along with two other unknown persons and was served cold drink after consuming which applicant become unconscious and was found next date i.e. on 1.08.09 at Lucknow by the Police in an unconscious condition. It was when brother of applicant Israr Ali could not found him he made a missing complaint which was registered as DD No. 14 -A dated 01.08.2009 at P.S. Anand Vihar, Delhi, wherein it was stated that Amjad Ali was found missing and he had gone to meet Hira Lal Sharma at his residence on 30.07.2009 at about 6.00 pm in his bike No. DL -855 -7799 and has not returned since then and therefore action against the Hira lal Sharma for abduction for calling Amjad Ali. Thereafter on next day i.e. 1.08.09 lucknow police contacted the brother of the applicant/accused, who on receiving this information rush to lucknow and brought applicant to Delhi, where his statement was recorded by Police of P.S Anand Vihar.