ANOOP Vs. STATE OF HARYANA

JUDGEMENT

(1.) Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

(2.) The present petition has been filed under Sec. 438 Cr.P.C. praying for issuance of directions to the Investigating Officer/Arresting Officer to release the petitioner on anticipatory bail forthwith in the event of his arrest in case FIR No. 203 dtd. 9/5/2021, under Ss. 120-B, 365, 354, 376-D, 342, 506 IPC, registered at Police Station City Bahadurgarh, District Jhajjar.

(3.) The FIR in question was registered by the father of the deceased-victim namely, Utpal Basu, who is resident of West Bengal. It has been alleged that his daughter (name withheld) aged about 25 years was an Artist and Ornament Anosnament Designer. She was a supporter of farmers movement and the delegation of the farmers agitation union reached West Bengal on 1/4/2021. The victim came in contact with the same as she was the supporter of this agitation. She associated herself with the activities of the delegation in West Bengal and then with the permission of the complainant, left for Delhi from Howrah on 11/4/2021 along with delegation of Kisan Union Delegation which included the present petitioner Anoop Singh @ Anuj as well as co-accused Anil Malik etc. The complainant alleged that as told by the victim, the co-accused Anil Malik came to the victim and he forcibly kissed her while she was in the train. On 12/4/2021, the victim along with the delegation reached Delhi and after reaching Delhi, she narrated the incident of the train to her father on phone. She allegedly informed her father that the co-accused Anil Malik and the petitioner Anoop @ Anuj are not the decent people and they were pressurizing and blackmailing her. It is further alleged that on 16th April, the victim told the complainant that she had confided in Yogita and Jagdish and that Yogita had also made a video of her statement on the same day in the presence of Jagdish. A copy of the video attached in a pen drive marked as Al with the FIR. The complainant further alleged that the victim told on 16th and 17th April, she passed blood with urine and on hearing the same, the complainant father asked his victim daughter to take help from some woman. It was further alleged that on 18th April, the victim told the complainant that they had met lawyers called Mr. Chitwan and Mr. Amit Sangwan along with Yogita, Jagdish and one Himmat Singh Brar at Tikri itself and they told her that incident of sexual harassment would be brought to the notice of the leader of SKM. Thereafter, after few days, it is alleged that the victim called her father that she was feeling relaxed as she had her menstrual discharge and on asking by the complainant, she replied that "you men will not understand". Unfortunately, she developed mild fever on 21st April and her condition did not improve by 24th April. The complainant requested Dr. Amit Sangwan to arrange medical help for his victim daughter. On 25th April, Anil and Anoop got an idea that the victim was in touch with the leadership of SKM and they decided to remove her from Tikri. When the complainant called up the victim, he learnt that she was with Anil and Anoop and he got worried and talked to Dr. Amit Sangwan, who informed Mr. Yadav. The victim sent her location to Mr. Yadav on whatsapp which showed that she was somewhere in Hansi, Haryana. On this Mr. Yadav intervened and asked Anil to drive back to Bahadurgarh, failing which, he would take police help if they did not come back and thus, there was a clear attempt to abduct his victim daughter. It was further alleged that in the night of 25th and 26th April, the local committee took her to PGI, Rohtak and as there was no bed, finally she was admitted to Shivam Hospital, Bahadurgarh. She was diagnosed for COVID-19 and she was treated there but her condition remained unstable. Knowing all these, the complainant father reached Delhi on 29th April and immediately reached to meet his ailing daughter. During this meeting, the victim told her father the incidents which happened in the train and at the KSA tent during her stay. She emphatically narrated that how she was sexually assaulted by Anil Malik and Anoop Singh. She was under pressure and constant watch of Anil and Anoop at the tent. She told her father "hamara saath kharaab kaam hua hai". The victim as alleged by the complainant asked the father that Anil and Anoop should be punished.