JARIF Vs. STATE OF U P

JUDGEMENT

(1.) THIS bail application has been filed by the applicant Jarif with a prayer that he may be released on bail in Case Crime No. 362 of 2007 un ­der sections 376, 354, 511 and 120 -B I.P.C. P.S. Badaut district Baghpat.

(2.) THE facts of the case in brief are that the F.I.R. of this case has been lodged by Tahir Husain on 21.6.2007 at 3.50 p.m. in respect of the incident which had occurred on 21.6.2007 at about 12 O' clock, alleging therein that the applicant being Pradhan of the Village and co -accused Ehsan alias Bora brought the prosecutrix Rizwana, Km. Amna and the first informant from Bar -nawa to Baghpat in vehicle No. D.L. 2CG -3742 at the pretext that Rs. 10,000/ - each shall be given to them by the Government for the purpose of marriage. At about 12 O'clock on 21.6.2007, the vehicle was stopped on the road and the first informant was asked to wait on the road and both the girls were taken by Patwari for singing some papers. After sometimes Km. Amna, younger daughter of the first informant, came to the first informant and informed that the applicant was committing rape with Km. Rizwana. She was also molested by Ehsan and the landlord of the house but successfully she escaped away. The first informant along with Km. Amna came at the place of occurrence and found the prosecutrix in an unnerved condition, she told that rape was committed by the appli ­cant.

(3.) HEARD Sri Swetashwa Agarwal and Sri Ram Raj Pandey, learned Counsel for the applicant, learned A.G.A. and Sri Nisaruddin and Sri S. Alim Shah, learned Counsel for the complainant.