DIGVIJAI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SAROJ Bala, J. This is an application for bail moved on behalf of the applicant Digvijai Singh indicted in case crime No. 229 of 1998 under Sections 323, 343, 376, 504 and 506 I. P. C. P. S. Daraganj District Allahabad.

(2.) HEARD Shri G. S. Chaturvedi, learned Senior Counsel assisted by Shri S. F. A. Naqvi, learned Counsel for the applicant, Smt. Tabassum Hashmi, learned Counsel for the complainant, learned A. G. A. and have perused the record.

(3.) THE learned A. G. A. and learned Counsel for the complainant submitted that the applicant misusing his position as S. H. O. P. S. Daraganj committed rape on minor girl by illegally detaining her at the police station. THE learned Counsel urged that the girl having been produced before the Magistrate for her statement under Section 164 Cr. P. C. by the police of P. S. Daraganj, it is not a voluntary statement free from the taint of pressure, threat and coercion. THE learned Counsel argued that according to the High School certificate the age of the girl is fourteen years. THE learned Counsel contended that the girl and her family members are being harassed and intimidated by the police personnel after the orders of this Court for the registration of First Information Report and her brother has been murdered.