RANJU Vs. STATE (DELHI)

JUDGEMENT

(1.) This is an application under section 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') seeking regular bail in F.I.R. No. 921 of 2007 registered at Police Station Uttam Nagar under sections 376/506/323 read with 34 of the Indian Penal Code ('I.P.C.'). The petitioner has been in custody since 15th December, 2005.

(2.) The allegations, as far as the petitioner is concerned, are that while the rape on the prosecutrix was committed by the husband of the petitioner, she had closed rule of the prosecutrix, beat her and threatened her not to inform anyone. The petitioner is the maternal aunt of the prosecutrix. The F.I.R. further alleges that when the prosecutrix went out to make a call to her father, the petitioner had again beat her. It was alleged that maternal aunt had instigated her husband i.e. the maternal uncle of the prosecutrix to commit rape.

(3.) The learned Counsel for the petitioner informs the Court that the petitioner has two small children aged around 3 and 2 years with her in the judicial custody and that it will be in the interests of justice to enlarge her on bail.