PRATAP Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ravi Kumar Singh, learned counsel for the applicant through Video Conferencing. Sri G.P. Singh , learned A.G.A. for the State is present and perused the record.

(2.) This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 314 of 2020 under section 328, 342, 323, 504, 506, 376D, 120B IPC, Police Station Sihanigate, District Ghaziabad , during the pendency of the investigation.

(3.) The prosecution version as per FIR is that the prosecutrix had come to her parents' house where co-accused Mukesh was her neighbour. On 6.2.2019 at about 1.30 P.M. the informant/prosectutrix had gone with Daichi (wife of co-accused Mukesh) to purchase some articles and at that time all of a sudden a vehicle came from behind and stopped beside her and from the vehicle co-accused Mukesh got down and soon thereafter co-accused Mukesh smothered her mouth and she was dragged inside the vehicle thereafter she was administered some stupefying drugs, after consuming it she fainted and thereafter she was taken to a house near the Railway Line where she was kept for few days. The co-accused Mukesh and one another person to whom the co-accused Mukesh was addressing as his Jija Pratap, both together had committed rape upon her inside the room. The wife of Pratap had also beaten her badly at one night and told her that her career would be spoiled and she would not be in a position to show her face to public and she would not be kept by the people of her matrimonial home and thereafter she was threatened to be sold and thereafter one day a child came who disclosed the name of the village of Alam who was carrying a telephone by which stealthily the informant telephoned her mother. The hands and legs of the informant were tied by rope and she was carried to matrimonial home of Daichi where the brother of Mukesh i.e. Babban told her to marry him forcibly and she was closed inside in a room, there, she refused to marry him and, thereafter brother of co-accused, Babban had committed rape upon her forcibly, right then a telephone call was received from Alam which was of sister of co-accused, Mukesh that police had come there and, thereafter on 23.09.2019 at about 1:00 p.m., the co-accused, Mukesh and the accused applicant, Pratap had given her some stupefying drugs and had taken her to Farrukhabad and thereafter somebody had telephoned her brother who took her home and, thereafter the informant's family member telephoned to police at 100 number but no action was taken by the police.