Surendra Singh, J. - (1.) APPLICANT -Waseem seeks bail in Case Crime No. 47 of 2011, under Sections 363, 366A, 328, 343, 376 IPC, P.S. Mundali, Meerut. Heard learned counsel for the applicant and Sri Manoj Kumar Mishra, learned counsel appearing on behalf of the informant as well as learned A.G.A. and also perused the material placed on record.
(2.) THE brief of the facts of the prosecution in nut shell are as follows: i. On 4.3.2011 at about 2 pm the niece of the informant, namely, Shabana was found missing; ii. Informant Aslam got an information that the victim was traced out and is detained at police station Loni, District Ghaziabad. On this ground informant along with Raees, Nafees and Jabbar reached there and brought her to their native district Meerut; iii. The victim has disclosed them that on 4.3.2011 she was enticed away by the applicant as well as co -accused Gul Hasan and Wasid. He further disclosed that all these persons took her to Ghaziabad after getting her unconscious. Next day when she regained sense she was found herself in a closed room and both the applicant and Gul Hashan were present there; iv. The informant thereafter lodged the FIR on 8.3.2011 at about 10 A.M. under Sections 363/366 IPC against the applicant as well as co -accused Gul Hasan and Wasid at Police Station Mundali, District Meerut; v. The victim in her statement recorded under Section 161 Cr.P.C. on the next day i.e. 9.3.2011 had reiterated the version of the FIR with the improvement that all the three accused persons have forcibly taken her in a car and when he regained senses she found that there is no cloth on her body, therefore, she was of the view that the accused applicant and co -accused Gul Hasan have committed rape on her. They had also threatened her with dire consequences. She further stated that when she raised alarm some persons of the locality reached at her rescue and took her to the police station Loni; vi. She was medically examined on 8.3.2011. As per opinion of the Chief Medical Officer, her age was found about 21 years on the basis of the ossification test. Slide of vaginal smear was sent for chemical examination. As per report of the Pathologist of District Women Hospital dated 8.3.2011, no spermatozoa was found; vii. The statement of the prosecutrix/victim was recorded under Section 164 Cr.P.C. on 1.4.2011 wherein she had reiterated version of her statement recorded under Section 161 Cr.P.C. with the additional improvement that apart from the above mentioned three accused persons. Two other persons, namely, Gulfam and Ikram were also present and all of them have committed rape on her. The victim was medically examined by the Medical Board to ascertain her correct age on the basis of fresh X -ray report and any other medical report advised by the Medical Board.
(3.) COUNTER affidavit filed by the learned A.G.A. is already on record.;