VIPIN TOMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dilip Kumar, learned Senior Advocate assisted by Sri Rajrshi Gupta, Sri Rajiv Lochan Shukla, Rizwan Ahmad, Arvind Kumar, learned counsel for the applicant and Sri Rishi Chaddha, learned A.G.A. for the State.

(2.) This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 77 of 2019 under Sections 363, 364A, 376D, 328, 504 and 506 I.P.C., P.S. Binauli, District Bagpat.

(3.) As per F.I.R., Kmr. Bhawna Singh Sisodaya, she is resident of Gurugram and by profession, she is an embryologist and pursuing Ph.D. in the said branch and belongs to Rajpoot family, accused applicant had called the informant in car-parking opposite Pacific Mall in order to get her admitted in gun-academy, Baraut on 17.04.2019. On the said date, her body-guard was on leave, therefore, she had to go alone. Near Raj Nagar, her elder sister was also residing. Accused applicant and the co-accused, Ashish, both have represented themselves as persons from Gun Academy; at about 2:45 p.m. in the afternoon opposite Pacific car parking, they had stated that she would have to go about 5-10 kms. to get her admitted in the said academy. Both of them forcibly entered in her swift car and started saying that they would take her to the said academy and, thereafter, they had parked their own car in the said car parking. After traveling 5-10 kms., informant inquired from them as to where academy was to which they assured her that it was at some distance; thereafter they gave threat to the informant that co-accused, Taranjeet and Amit Manjal had given supari to kill her; they took her forcibly to the academy and on the way, cheap songs were also played saying that they would murder her after enjoying throughout the night and some sleazy photographs were also taken after getting her top off, thereafter she was taken to applicant's village, Arifpur Khedi after showing her pistol. Both the accused had forcibly taken her to Kedki village wherein, she was taken inside the house by Chaudhari Dharma and there, on the first floor, she was forcibly undressed. Two boys were also there, out of them, one was being called co-accused, Taranjeet. The same Taranjeet had made a call to her on 15.04.2019 at 7:15 p.m. and some stupifying substance was given to her, thereafter she was raped by all the accused and indecent snaps were also taken and threat was given that they would be misused by placing them on Facebook and YouTube etc. It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; this is a case of honey-trap. In-fact applicant is innocent and two co-accused, Taranjeet Singh and Amit Munjal who were doctors by profession, were made accused and they were exonerated by police as charge-sheet is submitted against Ashish and present accused. Besides this, offence under Sections 363 and 364A has been dropped from the offences. Further it is argued that co-accused, Taranjeet Singh and Amit Munjal were made accused against whom, she wanted to get an F.I.R. lodged outside Haryana because in that State, she tried to implicate them in various cases and in all these cases, aforesaid accused have been granted anticipatory bail. These orders are annexed at Annexure-17 of the Supplementary-Affidavit. Thereafter, informant had approached an advocate whose statement is annexed at page no. 57 of the bail application and this witness has stated that she had approached him in order to get an F.I.R. lodged against the applicant and co-accused, Taranjeet Singh and Amit Munjal and at that time, everything was appearing to be normal and it was not appearing that she was abducted. Further attention of the Court is drawn towards the statement of Hotel-Manager, Bharat Veer Rathore, copy of which is annexed at page no. 63 of the paper book in which also, this witness has stated that she had gone to the said hotel with the accused applicant and phone call was also received by her and she told her father that she had come to get herself admitted in shooting-range and she could not tell as to when she would return and attention of the Court is also drawn that there is CCTV footage also of her coming to the said hotel. Attention of the Court is next drawn towards the statement of Dr. Mohini who had conducted the medical-examination of the informant and she has stated that she had not found any internal injury suffered by the victim/informant nor was any bleeding there and attention of the Court has also been drawn towards the statement of the children who were got admitted in the said academy; informant had gone there to take admission but the said academy was not meant for the girls as the same belongs to the boys and nothing abnormal was noticed. After having drawn attention of the Court towards these statements, it is argued that the evidence which has come on record suggests that there was no force applied upon the victim when she was with the accused applicant and in-fact she had stayed with him on her own free-will at the house of the accused also where his parents were also residing. They belong to rural background. The applicant is in jail since 22.04.2019. He has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.