ARUN KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Sri Vivek Shukla, learned counsel for the applicant and Sri Nandan Arya, learned A.G.A. for the State. This is second bail application. First bail application was dismissed on 17.08.2007 as not pressed and not on merit.

(2.) IN brief the prosecution case is that Gaurav aged about 6 years was playing along with the boys on 02.02.2007 about 6.00 PM in the village near temple. After that he was missed from the place of playing then father of Gaurav searched his boy nearby the village and in the house of his relatives. On 03.02.2007 the dead body of Gaurav was found in the sugarcane field of Zameer son of Hameed. With the same averments, the F.I.R. was lodged by Sauraj, father of Gaurav on 03.02.2007 at 17.30 hours in Police Station Kotwali Manglaur, District Haridwar against unknown persons. During the course of investigation, the police have recorded the statement of Jakir son of Hameed on 04.02.2007 in whose field the dead body of Gaurav was recovered. He has stated in his statement that on 02.02.2007 about 6 -6.30 PM he and Fool Chand had seen that the present applicant and co -accused Rajesh were coming out from his sugarcane field and Fool Chand has also given the same statement recorded under Section 161 Cr.P.C. by the Investigating Officer on 04.02.2007. Manoj son of Mangeram, aged about 16 years, has also given statement on 04.02.2007 under Section 161 Cr.P.C. before the Investigating Officer that on 02.02.2007 the village people were celebrating Ravi Das Jayanti and at about 6.30 PM in the evening, he had gone to the sugarcane field of Zakir Hameed for a natural call just then he heard the noise of crying of a child in that sugarcane field. He reached at the place of occurrence and saw that co -accused Rajesh was committing carnal intercourse against the order of pressing his mouth and neck. He asked both the accused persons not to do like so but they did not ready to accept his request and in the meantime Gaurav died and the present applicant Arun Kumar inserted a sugarcane in the anus of Gaurav then he asked both the accused persons that he would inform the same fact to the parents of Gaurav. On this, Arun Kumar, who was armed with the knife caught him and threatened him that if he disclosed this fact to anybody, he would cut his neck and due to this reason he had not stated this fact on the same day to anybody. The statement of Manoj Kumar was also recorded under Section 164 Cr.P.C. by the Magistrate on 08.02.2007 and in the statement recorded under Section 164 Cr.P.C. he has given the same statement as he has given under Section 161 Cr.P.C.

(3.) LEARNED A.G.A. has further submitted that co -accused Rajesh committed carnal intercourse against the order of nature with a six years only child and the present applicant pressed his mouth and neck and also inserted sugarcane in his anus. He has further submitted that the present applicant was involved in the said crime.