RAJENDRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri P.N. Mishra, learned senior counsel assisted by Sri Apul Mishra, advocate on the bail prayer of the present applicant and learned A.G.A. in opposition.

(2.) The applicant accused seeks bail in crime No. 1460 of 2005, under Sections 363, 376 and 304 I.P.C., police station Haldour, district Bijnor.

(3.) According to the prosecution case, it is alleged that Guddo Devi wife of informant Jai Singh had gone to purchase the medicine on 27.11.2005 at 4.00 P.M. at the shop of Ravi Kumar son of Heera Lal but she did not return. On enquiry being made, it surfaced to light that Ravi Kumar and Rajendra (present applicant) had abducted her. On 28.11.2005 at 4.30 P.M. when the informant Jai Singh accompanied by Ram Gopal Singh, Harpal Singh, Chandra Pal and brother-in-law Kali Singh reached in the sugarcane field near Idehgah at 4.30 P.M. searching for Guddo Devi they heard the moaning of the deceased, Approaching in that direction, they found Guddo Devi lying on the ground under intoxication and they also caught Ravi Kumar and the applicant who were present there. It was further alleged that Smt. Guddo Devi was raped by the two accused. The apprehended accused along with Guddo Devi were brought to the police station and the F.I.R. was lodged by Jai Singh at the police station on 28.11.2005 at 5.40 P.M. The Guddo Devi was subsequently admitted in the hospital. Later on for her treatment she was shifted from one medical hospital to another. At last she died on 8.12.2005. Her postmortem report indicates that she did not had any mark of violence on her body and the cause of her death could not be ascertained hence viscera was preserved. It further transpires that the deceased was in a precarious condition because of some disease and the fluid was taken out from her backbone. She was having fits with clinching of her fists and jaw and was referred to medical college for her further management. The noting on her medical paper further indicates that her husband got her discharged at his own risk at 7.12 P.M. after 1.12.2005 after giving this in writing that he is taking the deceased with him against the wishes of the doctors and he is responsible for his patient and had no complaint against the doctor and medical staff inspite of the fact that her condition was precarious. It further transpires that a report was given by Medical Officer District Women Hospital, Bijnor that no definite opinion can be given regarding rape being committed on the deceased. It further transpires that the deceased was suffering from some fatal injury because of which she was kept under treatment on heavy medication for a long period.