VIKAS SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS bail application has been filed by the applicant Vikas Sharma with a prayer that he may be released on bail in case crime no. 353 of 2010 under sections 376, 328 IPC, P.S. Partapur, District Meerut.

(2.) THE facts in brief of this case are that the information with regard to the missing of the prosecutrix was given to the police station on 20.6.2010, thereafter the FIR has been lodged on 23.6.2010 at 3.05 P.M. in respect of the incident dated 20.6.2010. It is alleged that the prosecutrix was persuaded by the applicant and co-accused Aadesh to visit the Hardwar, she went in their company but they served intoxicated juice upon her at Hardwar due to which she came under intoxication, she was taken by them to a room where they committed rape. When the intoxication was reduced they injected tan injection of sleep. In the next night also they committed the rape without her consent. In the next morning when she was under the stage of intoxication they left her at Hardwar railway station. Thereafter any how she could come to the village Chhajjupur and narrated the whole story to his father. According to the medical examination report no mark of injury was found on any part of the body. No mark of injury was found on private part. She was mensturating at the time of the examination. Hymen was torn old healed, vagina admits one finger easily. The applicant applied for bail before learned Sessions Judge, Meerut, who rejected the same on 15.7.2010.

(3.) IT is contended by learned counsel for the applicant that according to the FIR itself she went in the company of the applicant and other co-accused person to visit Hardwar with her free will and consent. According to the medical examination report she was aged about 18 years. No injury was seen on her person. No spermatozoa was seen in her vaginal smear, only blood cells were found, no definite opinion of rape could be given. She left in the company of the applicant and other co-accused person, even she had gone in their company without informing her parents. According to the statement of Km. Anchal, the younger sister of the prosecutrix, the prosecutrix had gone from her parents house on 18.6.2010 at about 9.00 A.M. by saying that she was going to Modinagar and she would return back very soon, but she came back in the evening of 20.6.2010 then she narrated the whole story to her father. Even according to the FIR the first informant did not want to lodge the FIR, it shows that she was consenting party. But due to ulterior motive the FIR has been lodged. The applicant is not having any criminal antecedent. He is in jail since 30.6.2010, he may be released on bail.