ANITA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of aforesaid 2 petitions i.e. CRM-M-19998-2020 filed on behalf of the petitioner-Anita seeking grant of regular bail as well as CRM-M-15880-2020 filed on behalf of Suman seeking grant of anticipatory bail in a case registered against them vide FIR No.223 dated 13.5.2020 under Sections 328, 376/120-B IPC at Police Station Shahabad, District Kurukshetra.

(2.) The FIR was lodged at the instance of prosecutrix, the translated gist of which reads as follow:- "yesterday 12.05.2020 I went to take medicine at Government Hospital, Shahabad. Thereafter I went to Suman's house who is resident of Shahabad, where Geeta and Anita were present. All three forcefully made me consume intoxicating cold drink. Thereafter I became unconscious. Today I regained consciousness and found myself in house of Rinku, who committed rape upon me. I ran away from there and saved my life. You are requested to take strict legal action against Suman, Geeta, Anita and Rinku."

(3.) Subsequently, statement of prosecutrix was recorded on 14.5.2020 in terms of Section 164 Cr.P.C., the relevant translated gist of which reads as follow:- "On 12.5.2020 I had gone to Government Hospital to take medicine. While on the way I met Jyoti who took me along to her home. She offered a cold drink to me at her home and upon consuming the same I felt intoxicated (dizzy). While in that state of intoxication, they applied "make up" to me. Jyoti had called 2 other ladies namely Suman and Geeta. They took me to village Gomti. There, Rinku, husband of Suman raped me. I regained consciousness on Wednesday. I left that place on the pretext taking medicine."