SATYAVIR Vs. STATE OF U.P.

JUDGEMENT

(1.) PRAYER for bail in this bail application under Section 439, Code of Criminal Procedure has been made on behalf of applicants Satyavir and Jagdish in Case Crime No. 84 of 2008, under Sections 326, 323, 304 and 354, I.P.C., P.S. Aunchha, district Mainpuri.

(2.) AN F.I.R. was lodged by Pratap Singh, son of Liladhar, resident of Nagla Fairbi, on 1.3.2008 at P.S. Aunchha, district Mainpuri, where a case under Sections 354, 326 and 323, I.P.C. was registered at Case Crime No. 84 of 2008 against (1) Jitendra, (2) Satyavir, (3) Jagdish and (4) Abhilakh. The allegations made in the F.I.R. (Annexure -1), in brief, are that Km. Renu, cousin sister of the complainant Pratap Singh was enticed away by Abhilakh about 6 -7 months ago, report of which was lodged at P.S. Aunchha. The complainant was the witness of that case, due to which Abhilakh Singh and his companions Jitendra, Satyavir and Jagdish were having enmity with him. It is alleged that on 28.2.2008 at about 10 p.m. Smt. Sarla wife of the complainant had gone to attend natural call in the field. The accused Jitendra, Satyavir, Jagdish and Abhilakh came there in the field and after catching hold her, they made an attempt to outrage her modesty, for which she resisted. It is also alleged that on remaining unsuccessful in molesting Smt. Sarla, accused Jitendra poured kerosene oil on her and Abhilakh Singh set her on fire, due to which she began to cry, on which many persons of village reached on the place of incident and carried Smt. Sarla in injured condition to the hospital. On getting information, complainant Pratap Singh came from Delhi and after making enquiry from his wife, lodged the F.I.R. Further case of the prosecution is that due to the injuries sustained in the said incident, the deceased died during treatment in the hospital. Hence, the case was converted under Section 304, I.P.C.

(3.) I have heard arguments at length of Shri V.P. Srivastava, learned senior counsel assisted by Shri I.B. Singh, advocate appearing for the applicants and A.G.A. for the State.