PUSHPENDRA CHAUHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mohit Singh, learned counsel for the applicant and Sri Shivam Yadav, learned counsel for the informant as well as Sri P.K. Srivastava, learned AGA for the State and also perused the material placed on record.

(2.) By means of the present bail application, the applicant seeks bail in Special Sessions Trial No. 291 of 2020 arising out of Case Crime No. 30 of 2020, under Sec. 376D Indian Penal Code1 and Ss. 5/6 of Protection of Children from Sexual Offences Act, 2012 In short' Police Station- Hasanpur, District- Amroha, during the pendency of trial. PROSECUTION STORY

(3.) The facts of the case in a nutshell are that the victim was in touch with the applicant through mobile chatting. On 17/1/2020, the victim had gone to the house of her aunt and at about 06:30 PM, she had gone to the crossing at Gajraula and the applicant is stated to have enticed her away on the pretext of giving her some gifts on the promise that they shall return within a period of one hour. On the way to Hasanpur, the applicant is stated to have taken her in a room near tubewell wherein one unknown person was standing guard, armed with a country made pistol and the applicant is stated to have committed rape to the victim. It is also alleged in the FIR that after some time, the co-accused, Jaiveer Chauhan and Kovind Chauhan and the said unknown person are also stated to have 1 In short 'IPC' committed rape with the victim and later on, threatened her to kill her father and brother if she ever reveals their identity to anyone. It is also alleged in the FIR that the applicant had deleted all the chats from the mobile phone of the victim at the time of said incident. The victim is also stated to have been threatened by the applicant of his high connections in high echelons of the society. Somehow the victim had contacted her father and also dialled 100 number to the police whereupon the police is stated to have retrieved her. The FIR was lodged on 18/1/2020 at about 05:10 PM by the victim/informant against the applicant and co-accused persons, Jaiveer Chauhan, Kovind Chauhan and one unknown person u/s 376D and 506 IPC and Sec. 5/6 of POCSO Act. RIVAL CONTENTIONS