RAM SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Upendra Kumar Singh, learned counsel for the applicant, Shri Rabindra Kumar Singh, learned Additional Government Advocate and Mr. Shamsher Singh, learned counsel, who is appearing on behalf of Mr. Shekhar Gangal, learned counsel for the first informant.

(2.) By means of this application under Sec. 439 of Cr.P.C., applicant-Ram Singh, who is involved in Case Crime No. 332 of 2021, under Ss. 147, 148, 323, 452, 504, 506, 304, 354(Ka) IPC and Ss. 7/8 POCSO Act, Police Station Harduaganj, District Aligarh, seeks enlargement on bail during the pendency of trial. Facts of the case

(3.) As per prosecution case, in brief, informant who is brother-in-law (Jeeja) of the victim, lodged a first information report on 30/8/2021 against Gulab Singh, Ram Singh (present applicant), Lekhraj, Vimlesh and Shanti Devi alleging inter-alia that on 27/8/2021, his sister-in-law (Saali) aged about 15 years was sleeping alone at the roof of her house. At about 10:00 in the night, the present applicant Ram Singh, who is her neighbour, sneaked into her house and with an intention to outrage her modesty, caught hold of her. On raising alarm by the victim, her mother Pushpa Devi and father Jai Narayan woke up and when they rushed at the roof, applicant Ram Singh succeeded in fleeing away. Since it was late night, therefore, victim's father did not go to the police station to lodge FIR. On the next day i.e. 28/8/2021 when Jai Narayan was going to lodge FIR along with victim, at that time, the accused persons namely Gulab Singh, Ram Singh (present applicant), Lekhraj, Vimlesh and Shanti Devi armed with lathi, danda, farsa and iron rod barged into his house and started mounting pressure upon them for compromise. When Jai Narayan refused for the same, they started beating him. The FIR further alleges that when his wife Pushpa Devi and victim tried to intervene, they were also belaboured by them. Thereafter the accused persons ran away giving threat to them. The people of the locality collected there gave information about the said incident to the police by dialling 112, on which the police reached the spot and took Jai Narayan to Deen Dayal Hospital. Considering his condition as serious, he was referred to Medical Hospital, but since, there was no facility of ventilator at Medical Hospital, he was referred to Safdarjung Hospital, Delhi, where he succumbed to the injuries. Submissions on behalf of the applicant.