VIVEK YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri V.P. Srivastava, Sri Ajai Berman Senior Advocate assisted by Sri Rahul Yadav, learned counsel for the applicant ,Sri Shishir Tandon, learned counsel for the complainant and learned AGA and have been taken through the entire materials on record.

(2.) The present bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.639 of 2015 under sections 364/384/506 IPC, Police Station Kalyanpur District Kanpur Nagar during the pendency of trial.

(3.) The genesis of the prosecution case in a short conspectus is that an FIR was lodged on 7.7.2013 with respect to the incident dated 23.6.2015 on the basis of an application moved under section 156 (3) Cr.P.C. by the complainant that the complainant and her husband Saroj Yadav are the Director of Neharpit Constructions Private Limited, for the construction and development of Roads, Buildings ,residential and commercial complex etc. and took contracts from P.W.D. for the constitution of road. The contract was awarded in favour of complainant to the tune of Rs. 15.00 crores for District Allahabad which could not be digested by the accused applicant Vivek Yadav and his brother in law Shailendra . They were nurturing animus and grudge against the complainant as the accused persons wanted to get the contract finalized in favour of their own persons. Since the rate of the complainant's husband was low therefore, contract was awarded in his favour. After carrying out the contract work having regard to its quality and standard, payment was made to the husband of the complainant. The accused persons who were in prone to have money from the husband of the complainant exerted political pressure upon her husband demanding ransom . When it was confronted by the husband of the complainant, they intimidated to the complainant on telephone that her entire family members and the property will be ruined. On intervening night of 16.7.2013 at about between 10 to 11 "O" clock applicant and the co-accused Shailendra in association with unknown persons equipped with lethal weapon i.e. gun and rifle revolver etc. came at the residence of the complainant and got the door opened in the guise of some confabulation and after entering into the house ,they took into captivity to the complainant, her husband Saroj Yadav, daughter Neha and son Arpit at the point of rifle and revolver. When the complainant raised hue and cry, they camouflaged her mouth with cloth. The accused persons ransacked the house of the complainant including the Cheque book of Nainital Bank kept inside the brief case . They also took out the keys of two Wagon car and Tata Safari. The accused persons got the abductees seated in separate vehicles and proceeded towards Lucknow crossing the forest of Ganga Barrage. The complainant, her husband and her daughter were locked in a room . Arpit, the son of the complainant was kept in a separate room. Anyhow the complainant got a mobile phone lying in the room and dialled 100 number but could not get correct location but the name of the accused persons were unfolded. The police personnel made hectic endeavours and reached at the location where the complainant and his family members were kept in captivity. Since the accused persons were searched out by the police personnel at Lucknow, they were highly mesmerized. They got a number of cheques as well as blank papers signed by her husband. Subsequent thereto, the complainant, her husband, and daughter were liberated but her son Arpit was kept in captivity extending threats that in case any report will be lodged against them, her son Arpit will be eliminated. The complainant and her husband on account of intrepid and overawe could not muster courage to report anywhere. When the son of the complainant was set at liberty, on 19.7.2013 the complainant has given a written complaint at the police station Kalyanpur , District Kanpur Nagar divulging the entire episode. The said occurrence was flashed in the newspapers. The application of the complainant was kept unattended by the station officer concerned in the cloak of investigating the matter but the application of the applicant remained uncared despite hectic efforts made by the complainant. In such odd circumstances, the complainant moved an application on 18.8.2013 before the Senior Superintendent of Police Kanpur Nagar. The accused persons taking advantage of ruling party got a cheque of her husband encashed to the tune of Rs. 30,00,000/- . When the complainant made complaint to the leaders of the ruling party, they assured that money was withdrawn on account of extreme urgency but it will be returned .All the assurances remained in vain and no money was ever returned rather threats were extended to the complainant and her family members to face dire consequences. The daughter of the complainant is a illustrious student and the son Arpit is studying in High School and on account of threat, all family members were passing sleepless night and the Lawn Guest House was also closed. The entire incident of kidnapping and rampage was recorded in the CCTV Camera installed in her house demonstrating the kidnapping of entire family at the dint of lethal weapons pistol and revolver. The accused persons on account of political nexus and alliances succeeded in getting the entire incident drifted away in the guise of money transaction. The accused persons were shielded by the police personnel on account of political pressure hence in the very compelling and peculiar circumstances moved the application under section 156 (3) Cr.P.C. and the entire documents showing connectivity with the incident were filed pursuant to which the FIR was lodged on 7.7.2013 under sections 384/506/364 IPC in Case Crime No. 639 of 2015 .