NAVEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through instant petition, the petitioner is seeking regular bail in case FIR No. 20 dated 04.05.2018 under Sections 342/363/366A/376D/506 read with Section 34 IPC and Sections 6 and 7 of Protection of Children from Sexual Offences Act, registered at Police Station-Women Police Station, Charkhi Dadri, District Charkhi Dadri.

(2.) Briefly, the aforesaid FIR has been registered at the instance of complainant on the allegations that during the intervening night of 03/04 May, 2018 between 12:00 afternoon to 02:00 A.M., his daughter had come to his shop to provide tea. While returning back, she was kidnapped by Bir Singh, Naveen (petitioner) and an unknown boy. The complainant ran towards the vehicle but they fled towards village Norangbas. The date of birth of the daughter of the complainant was 03.09.2000. The complainant tried to trace her and she was found in a room, constructed in the field of Joravar Singh and all the boys were present in the room. The daughter of the complainant told that she was subjected to gang rape by Bir Singh, Naveen, Sonu and another boy and they threatened to kill her, in the event she disclosed about the incident.

(3.) It has been contended by the learned counsel for the petitioner that he was found innocent during the course of investigation and has been summoned under Section 319 Cr.P.C. Moreover, co-accused, namely, Sonu, has been granted bail by the Coordinate Bench of this Court. Furthermore, the DNA report does not match with the petitioner.