PINKU @ VIJAY Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is the first bail application on behalf of the accused-applicant Pinku alias Vijay involved in case crime no.55 of 2009 under sections 364, 302, 201, 307, 323, 376, 511 I.P.C. and section 3(2)5 S.C./S.T. Act pertaining to police station Nai Mandi, district Muzaffar Nagar. Heard Sri J.S. Sengar, learned counsel for the applicant, learned A.G.A. for the State on 21.5.2010 and perused the record.

(2.) LEARNED counsel for the applicant submitted that the girl was probably murdered by the family members of the deceased herself and the applicant has been falsely implicated. As per the postmortem report, no sexual assault was found. Media Reports suggest that the family of the victim denied enmity with anyone. Grandmother of the deceased was also injured and was admitted in the hospital and according to S.P. City, two lines of investigation were being followed.

(3.) THE applicant is named in the F.I.R. The complainant and his family members had no enmity with the applicant. Grandmother of the deceased is an injured witness, who has specifically stated that the deceased was molested and kidnapped by applicant and the co-accused. Soon after the incident, the dead body of Km. Joni was found lying naked in the sugarcane field. Though there is no evidence of sexual intercourse, the dead body being found naked indicates at least assault or preparation for committing rape. The time gap between the incident of kidnapping and finding of the dead body is so small that it can be presumed that Km. Joni was done to death by the persons, who had kidnapped her. Blood stained darati was recovered by the police at the instance of the applicant.