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Nar Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 17205 of 2007 [2007] RD-AH 14414 (23 August 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble A.P.Sahi,J.

Heard learned counsel for the applicant and learned A.G.A.

According to the F.I.R. as lodged by the father of the prosecutrix  she was allegedly enticed away by one Balram son of Hanu Kurmi on 20.1.2007. It is alleged that some information was tendered to the Police  on 24.1.2007, but having failed to get the F.I.R. registered  the complainant approached the Senior Superintendent of Police, who issued  order on 3.2.2007, where after the F.I.R. was formally lodged on 8.2.2007. The application which was moved  before the Senior Superintendent of Police  recites  the name of Balram only. Thereafter  the investigation  set into motion and the prosecutrix  was recovered  on 9.2.2007 immediately on the  next day  of the lodging of the F.I.R. from the house of the elder sister of the prosecutrix at about 5.25 P.M. The statement of the  prosecutrix  under section 161 Cr.P.C was recorded by the Investigating Officer, which recites  that it was Balram, who had allegedly taken her away and whom she recognised  only by his voice. Thereafter a medical examination  was conducted, which states that there is no mark of injury either external or internal without forming any opinion about rape. The Radiologist's report indicates  that the prosecutrix  is about 18-19 years  of age. Thereafter on 23.3.2007 the statement of the prosecutrix  under section 164 Cr.P.C. was recorded . The statement almost takes  a  U turn  and for the first time, she implicated the applicant, who is her real uncle along with  other three persons. The statement alleges that  the prosecutrix was enticed away  by her aunt, where after she was taken  in a vehicle implicating the applicant as well. It is further narrated that the prosecutrix  was kept for about 14 days  at a particular place where all the persons have committed rape on her.

On the other hand, learned counsel for the applicant  contends that the entire story set up by the prosecution witnesses a complete change in the version of the prosecution. The allegations were made only with a view to implicate his real uncle- applicant  on account of personal enmity  with his  family members. As a matter of fact, the prosecutrix  has got  married  to Balram, for which reliance has been placed on annexure VIII to this application.

Learned A.G.A. on the other hand, contends that keeping in view the statement  of the prosecution under section 164 Cr.P.C., the applicant appears to have been involved  in the entire incident and, therefore, he is not entitled to bail.

Having perused  the record and the submissions advanced , it appears that there is a change in the version of the prosecution from the stage of lodging of the F.I.R. upto the recording of statement under section 164 Cr.P.C. No where in the investigation  the applicant is even indicated as having abetted  the incident as suggested in the statement under section 164 Cr.P.C. Even otherwise, the applicant is the real uncle of the prosecutrix and therefore, the nature of the  allegations  made,  prima facie, appear to be improbable.

Keeping in view  the aforesaid facts and circumstances, the applicant is entitled for bail.

Let the applicant  Nar Singh involved in case crime No. 41 of  2007 under sections 363/366/376/342/504/506  IPC   Police Station Kotwali district Mahrajganj be enlarged on bail on his executing  a personal bond and furnishing  two sureties each in the like amount to the satisfaction of the  concerned Court.




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