LADALE ALIAS FAIJAN Vs. STATE OF U P

JUDGEMENT

(1.) PRAYER for bail in this case has been made on behalf of applicant Ladale alias Faijan S/o Shaukat Ali R/o Bansh Deoria, Ward No. 19, P. S. Kotwali, Deoria in Case Crime No. 306 of 2008 (Crl. Case No. 2302 of 2008), under Sections 376, 372, 342, 506 and 511, I.P.C., P. S. Kotwali, Deoria, district Deoria.

(2.) THE allegations made in the F.I.R. lodged on 30.3.2008 by the complainant Sweta Maddheshiya at P. S. Kotwali, Deoria, in brief, are that Smt. Seema Srivastava, Reeta, Sheela, Meera Singh and Ladale (applicant herein) were operating brothel house by way of sex racket in Deoria city. THE complainant being annoyed with her family members in the month of October, 2008 was going to her relation at Deoria and when after reaching Deoria bus stand, she was searching rickshaw, all of a sudden two women came there and carried her to their quarter in mohalla Bhatwalia, Deoria. After three or four days the complainant came to know that she has fallen victim to sex racket. It is further alleged in the F.I.R. that the accused persons were sexually exploiting the complainant and she was being forced to have sexual intercourse with other persons. About the applicant Ladale, it is averred in the F.I.R. that he was also sexually exploiting the complainant and he himself used to commit rape with her forcibly and he was also bringing other persons, who used to commit rape with the complainant. It is also alleged that during the course of her stay, the accused persons tried to sell the complainant and accused Ladale had talk with some other persons for this purpose. Ultimately, one day the complainant escaped from the clutches of the accused persons and came to the house of Smt. Sneh Lata Rai, who carried her to P. S. Kotwali, Deoria where F.I.R. was lodged by her. It was also alleged that the accused Ladale used to threaten the complainant to kill her.

(3.) NEXT submission made by learned counsel for the applicant was that medical report of the prosecutrix is not supporting the allegations of committing rape with her, as no injury on her private part was found at the time of her medical examination. It was also submitted by learned counsel that due to some dispute and enmity with constable Yousuf Khan, the applicant was falsely roped in this case.