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