GAJENDRA Vs. STATE O

JUDGEMENT

(1.) RAVINDRA Singh, J. This bail application has been filed by the applicant Gajendra with a prayer that he may be released on bail in case crime No. 189 of 2007 under sections 365, 366 and 376 IPC, P. S. Fatehabad, District Agra.

(2.) THE facts in brief, of this case are that F. I. R. of this case has been lodged by Ram Nath on 8. 5. 2007 at 12. 30 P. M. in respect of the incident which had occurred on 29. 3. 2007 at about 7. 00 A. M. , in which the applicant and three other co-accused namely Mahendra, Ram Das and Radhey Shyam were named as accused. It is alleged that the first informant has gave the information to the P. S. concerned on 6. 4. 2007 in respect of missing of his daughter Km. Vandana aged about 15 years who was missing since 29. 3. 2007. During the search it was found that on 9. 4. 2007 one Radhey Shyam had talked with Keshkali on a telephone, it was also informed that Km. Vandana was seen by Jagannath and Satyaveer when she was going on a motorcycle in the company of the applicant and co-accused Mahendra followed by the co-accused Ram Das and Radhey Shyam. THE allegation against the applicant and other co-accused is that they have enticed away the minor girl Km. Vandana who has been recovered "by the police and her statement has been recorded under section 161 Cr. P. C. on 29. 5. 2007. According to her medical examination she was found aged about 18 years, no injury was seen fin her person, no spermatozoa was found on her vaginal smear and her statement under section 164 Cr. P. C. has also been recorded in which she made specific allegation of committing rape against the applicant and other co-accused persons. THE applicant was applied for bail before learned Sessions Judge, Agra who rejected the same on 9. 7. 2007, being aggrieved from the order dated 9. 7. 2007 the applicant applied for bail before this Court.

(3.) IN reply of the above contention, it is submitted by learned A. G. A. and learned Counsel for the complainant that the prosecutrix was kidnapped by the applicant and other co-accused persons she was appearing in the High School examination, she was called by the applicant from the class room and gave the information that her father has met an accident. She was taken in a four wheeler; and locked in a room where rape was committed by the applicant. She was illegally detained and she was pressurised to marry with the applicant for which the allurement was given, she was also beaten by the applicant and extended the threat to face the dire consequences. She clearly stated under section 164 Cr. P. C. that she was raped by the applicant and one Jitendra and she was taken to one to another places under coercion. The applicant is aged about 35 years; he is married person and father of three children. Whereas the prosecutrix is minor girl, according to. High School certificate her date of birth is 8. 8. 1992 on the date of alleged incident she was below 15 years. IN any case she is not consenting party. IN case the applicant is released on bail, he may temper with evidence also.