S.C.AGARWAL,J. - (1.) THIS is the first bail application on behalf of the accused-applicant Pinku alias Vijay involved in case crime no.55 of 2009 under sections 364, 302, 201, 307, 323, 376, 511 I.P.C. and section 3(2)5 S.C./S.T. Act pertaining to police station Nai Mandi, district Muzaffar Nagar. Heard Sri J.S. Sengar, learned counsel for the applicant, learned A.G.A. for the State on 21.5.2010 and perused the record.
(2.) LEARNED counsel for the applicant submitted that the girl was probably murdered by the family members of the deceased herself and the applicant has been falsely implicated. As per the postmortem report, no sexual assault was found. Media Reports suggest that the family of the victim denied enmity with anyone. Grandmother of the deceased was also injured and was admitted in the hospital and according to S.P. City, two lines of investigation were being followed. Learned A.G.A. submitted that on 8.1.2009 at about 3:00 p.m., complainant's mother Smt. Ghaseeti and daughter Km. Joni, aged 11 years, had gone to jungle to cut grass. They did not return by 5:00 p.m. A search was made. On Chak Road, Smt. Ghaseeti was found lying injured. On interrogation, Smt. Ghaseeti disclosed that Monu and Pinku, residents of the same village, had kidnapped Joni forcibly and they had also hit her (Smt. Ghaseeti). Mother of the complainant was brought home and on search, naked body of Km. Joni was found in the sugarcane field of Dharmendra. She was taken to hospital, but doctors declared her dead. Mother of the complainant was hospitalized. Smt. Ghaseeti has specifically stated that Monu and Pinku (armed with darati) molested Km. Joni at about 4:00 p.m. When Smt. Ghaseeti asked them to behave, they beat her and forcibly took away Km. Joni towards sugarcane fields. Two lacerated wounds were found on the head of Smt. Ghaseeti. On Autopsy, six incised wounds and two abrasions were found on the body of deceased, which was lying naked in the sugarcane field.
(3.) THE applicant is named in the F.I.R. The complainant and his family members had no enmity with the applicant. Grandmother of the deceased is an injured witness, who has specifically stated that the deceased was molested and kidnapped by applicant and the co-accused. Soon after the incident, the dead body of Km. Joni was found lying naked in the sugarcane field. Though there is no evidence of sexual intercourse, the dead body being found naked indicates at least assault or preparation for committing rape. The time gap between the incident of kidnapping and finding of the dead body is so small that it can be presumed that Km. Joni was done to death by the persons, who had kidnapped her. Blood stained darati was recovered by the police at the instance of the applicant.;