AJAY KUMAR MISHRA Vs. STATE OF U P
LAWS(ALL)-2018-7-270
HIGH COURT OF ALLAHABAD
Decided on July 27,2018

Ajay Kumar Mishra Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

Rahul Chaturvedi, J. - (1.) Heard Shri V.P. Srivastava, learned Senior Advocate assisted by Sri R.V. Mishra and Sri Sachin Mishra, learned counsel for the applicant, Sri Ravindra Verma, learned counsel for private opposite party and learned AGA at length and perused the record.
(2.) This bail application has been moved on behalf of Ajay Kumar Mishra, who was the Investigating Officer of Case Crime No. 131/2018 U/s 354(Gh), 504, 506 I.P.C. P.S. Kalyanpur, Kanpur Nagar. The applicant is suffering incarceration in jail since 04.04.2018 in connection with Case Crime No. 375/2018 U/s 306 I.P.C. P.S. Kalyanpur, Kanpur Nagar.
(3.) Before adjudicating the case on merits, it is imperative to enumerate bare skeletal facts of the case, which are as follows :- (a) The deceased Ashwarya Sharma daughter of Dr. Dinesh Chand Sharma (the informant) was a student in the University, who was pursuing her B.C.A. (IInd year) course. Her classmates namely, Aniket Dixit and Aniket Pandey (coaccused) were pressurizing her to have "friendship" bond, when she out rightly rejected. The rejection of "freindship bond" from a girl infuriated them and thereafter for derision they used to cut obscene, vulgar and derogatory remarks upon her. In addition to it, they also extended threats to kidnap her. Frustrated by the aforesaid misconduct against the named rogues, she made oral as well as written complaint on 31.01.2018 to the concerned disciplinary authorities as well as to the Head of Department of the University, with regard to the incident. The errant named classmates were rebuked by the University authorities. The baffled victim returned to her house and narrated the blatant episode to her parents and unveiled all the facts about the incident and also informed them that the aforesaid named classmates have extended threats for ravishing her physically. Narrating her owes, the poor girl broke up and divulged that she is fed up with these rogues and her life has turned into hell. Upon which, father of the victim on 07.02.2018 lodged FIR for the incident occurred on 31st January, 2018 which was registered as Case Crime No. 131/2018 under sections 354(Gha), 504, 506 I.P.C. and against the aforesaid named students (co-accused) namely, Aniket Dixit and Aniket Pandey, students of BCA-II and BCAIII year respectively. (b) Responding to the aforesaid complaint of the victim dated 31.01.2018, the University authorities after holding an enquiry, made certain cosmetic changes by transferring the victim's class-section to another and by changing the administrative system a bit hither and thither. ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.