RAJ SINGH ALIAS MASTER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present petition is for grant of regular bail to the petitioner, who is accused in FIR No. 512 dated 1.7.2011 registered under Sections 342, 363, 366, 372, 376, 506 IPC at Police Station Sadar Hisar, District Hisar.

(2.) Learned counsel for the petitioner submitted that the prosecutrix in the present case is 18 years of age. She had travelled in public transport along with the accused at her own will. There are no allegations against the petitioner that he committed rape upon her. Even in her statement recorded under Section 164 Cr.P.C., she alleged that Satyawan and Satish had committed rape. In the FIR, it is stated that the prosecutrix had managed to run away from the custody of Sattu and reached Hansi via Fatehabad in a bus. However, she was forcibly alighted from the bus by the petitioner and again handed over to Satish, Satyawan and Sattu. The aforesaid allegations were not made by the prosecutrix when she got her statement recorded under Section 164 Cr.P.C. It is alleged in the FIR that two persons, who are neighboures of the prosecutrix had brought her from Asam by promising her a job. The petitioner is in custody since July 06, 2011.

(3.) On the other hand, learned counsel for the State submitted that the petitioner has been specifically named in the FIR. All the accused had conspired together by buying the prosecutrix from two persons, who had brought her from Assam and selling her to the accused named in the FIR. Considering the seriousness of allegations against the petitioner, he does not deserve concession of bail.