LUKMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners namely Lukman, Jakkar and Rahishu seek grant of anticipatory bail in a case registered vide FIR No. 37 dated 16.7.2018 under Sections 363, 450 IPC and under Section 6 of POCSO Act 2012 at Police Station Women NIT, Faridabad, wherein they apprehend their arrest consequent upon having been summoned by the trial Court with the aid of Section 193 Cr.P.C., so as to face trial along with their co-accused Khuwaib.

(2.) The FIR was lodged at the instance of prosecutrix wherein she alleged that her marriage was solemnised with Nasim on 24.6.2018 and after her marriage she came back to her parental home at village Madalpur. On 14.7.2018, when she was sleeping in 'verandah ' (courtyard) of her house, then at about 2:30 AM, Jakkar, Rahishu, Khuwaib and Lukman, who are all residents of her village came there and after gagging her mouth, forcibly made her sit in their car and took her to Gurgaon where all four of them committed rape upon her. It is alleged that thereafter they took her to Gandpur and then after leaving her at Sohna, fled away and from where her parents brought her back to her village Madalpur.

(3.) The matter was investigated by the police and upon conclusion of investigation, it was found that it is only Khuwaib who had committed the offences in question and consequently while presenting a charge-sheet under Section 173 Cr.P.C. against Khuwaib, the remaining accused i.e. the petitioners were kept in column No. 2. The Area Magistrate, upon primafacie, finding the case to be triable exclusively by the Court of Sessions, committed the case to the said Court. Upon an application having been filed by the prosecution under Section 193 Cr.P.C., the petitioners were ordered to be summoned by the trial Court vide order dated 18.09.2019 (Annexure P-6), leading to apprehension of the petitioners regarding their arrest.