DHARMENDER Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The instant application under Sec. 439 of Code of Criminal Procedure, 1973 ('Cr.P.C') has been filed by the applicant seeking grant of regular bail in case arising out of FIR bearing no. 310/2023 registered at Police Station Harsh Vihar, Delhi for the offences punishable under Ss. 376D/363/354A/328/34 of Indian Penal Code, 1860 ('IPC').

(2.) Brief facts of the present case are that the FIR in this case was registered on the complaint of the prosecutrix, who was allegedly aged about 15 years. It is alleged that on 12/5/2023, at about 09:30 PM, when the prosecutrix had gone to buy a cold drink, and when she was returning home, a car bearing no. **93 had stopped near her which was being driven by co-accused Mohit, and two other persons namely Kalu and Chinu were sitting inside, and she knew all of them. It is alleged that thereafter, co-accused Chinu had made her smell a white handkerchief due to which she had lost her consciousness. Upon regaining consciousness, she had found that co-accused Mohit was establishing physical relations with her in an unknown room. When the prosecutrix had asked for water, he had allegedly given her alcohol to drink and thereafter, she had lost consciousness. When she had regained consciousness, she had found herself in front of a school behind Gagan Cinema. Thereafter, her family members had reached the spot and she had narrated the entire incident to her sister. During investigation, her medical examination was conducted on 13/5/2023 and the exhibits were sent to FSL for DNA examination. Her statement under Sec. 164 of Cr.P.C. was also recorded, wherein she stated that on 12/5/2023, she was lured by one mota aadmi, whose name she did not know at that point of time. However, she knew that he lived near her house, and he had taken her to his friend's flat where two other friends had come and three of them had committed rape upon her and had also forced her to drink alcohol. She also stated that one Bhupender had also committed rape upon her and thus, four of them had committed rape upon her. She further stated in her statement under Sec. 164 of Cr.P.C. that 15-20 days prior to the incident, Mukesh, Mohit and Dinesh @ Chinu had forcibly pulled her inside the car and had touched her inappropriately. Thereafter, she had jumped from the car and had told everything to her mother, however her mother had asked her to not report the incident to the police. The accused persons were arrested and their blood and semen samples were also sent to FSL for examination. After receipt of the FSL examination, supplementary chargesheets were filed.

(3.) Learned counsel for the present accused/applicant argues that the applicant has been falsely implicated in the present case. It is stated that the learned Trial Court has already granted bail to coaccused Mohit, Yogesh@ Babu, Love Bhardwaj, Dinesh Kumar Chinu and Mukesh Kalu. It is also stated that the allegations levelled by the prosecutrix are unreliable as she has changed her version twice, i.e. she has given a different version while she was examined before the learned Magistrate and that the co-accused persons have been already released on bail. It is stated that the present accused is also entitled to grant of bail on parity, and therefore, present bail application be allowed.