- (1.) SAROJ Bala, J. This is an application for bail moved on behalf of the applicant Digvijai Singh indicted in case crime No. 229 of 1998 under Sections 323, 343, 376, 504 and 506 I. P. C. P. S. Daraganj District Allahabad.
(2.) HEARD Shri G. S. Chaturvedi, learned Senior Counsel assisted by Shri S. F. A. Naqvi, learned Counsel for the applicant, Smt. Tabassum Hashmi, learned Counsel for the complainant, learned A. G. A. and have perused the record. The brief facts of the case are that the complainant's fourteen year old daughter was kidnapped on 22-4-1997 at 7 p. m. The First Information Report was lodged on 5-6-1997 at 3. 10 p. m. at P. S. Daraganj District Allahabad against the accused Sudhir Kumar Gupta alias Anna and others. The girl was intercepted by the police alongwith accused Sudhir Kumar Gupta alias Anna on 31-5-1997 and was medically examined on 2-6- 1997. Her statement under Section 164 Cr. P. C. was recorded on 3- 7-1997. Sudhir Kumar Gupta alias Anna filed a Habeas Corpus petition No. 26252 of 1997 impleading the victim as petitioner No. 1 (victim) against her mother and brother alleging her illegal detention and seeking her release from the custody of respondents No. 2 and 3. The girl (petitioner No. 1 to the writ petition) was produced by her mother (respondent No. 2 in the writ petition) before this Court. The statement of the girl was recorded by this Court wherein she made allegation of illegal detention at P. S. Daraganj from 31-5-1997 to 5-6-1997 and commission of rape by the applicant and other policemen. A inquiry was conducted by the Superintendent of Police in the this matter in pursuance of the order of this Court who found that the girl was illegally detained at P. S. Daraganj from 31-5-1997 to 5- 6-1997. This Court directed the registration of First Information Report against the applicant and co-accused nominated in the inquiry report. The learned Counsel for the applicant submitted that the applicant is not named in the First Information Report lodged by the mother of the victim and the girl in her statement recorded under Section 164 Cr. P. C. stated nothing about the complicity of the applicant. The learned Counsel strenuously argued that the girl in her statement before this Court did not say that her statement under Section 164 Cr. P. C. was procured under duress or coercion. The learned Counsel inviting my attention to the G. D. entry dated 31-5-1997 at serial Nos. 32, 39 and 40 at 7. 20 p. m. , 9. 05 p. m. and 10. 25 p. m. argued that the girl was handed over to the police of P. S. Mahila by the police of Daraganj on 31-5-1997 and was sent for medical examination from P. S. Mahila on 2-6- 1997. The submission of the learned Counsel was that the girl was not detained at P. S. Daraganj from 31-5-1997 to 5-6-1997. The learned Counsel urged that radiological age of the girl is above nineteen years and no opinion about rape could be given. The learned Counsel argued that the girl was given in the custody of her mother on 5-6-1997 and entry in this regard was made in the G. D of P. S Daraganj at serial No. 35 on 5-6-1997 at 6. 10 p. m. The learned Counsel submitted that the victim did not cooperate with investigation and her statement under Section 161 Cr. P. C. could not be recorded. The learned Counsel urged that the applicant has been falsely implicated due to personal grudge. The contention of the learned Counsel was that orders were passed by his Court behind the back of the applicant. The learned Counsel argued that the applicant has retired from service and is leading a retired life at Varanasi. Lastly it was pointed out that the applicant is suffering from paralytic stroke, heart ailment and kidney problem and is undergoing treatment in jail hospital.
(3.) THE learned A. G. A. and learned Counsel for the complainant submitted that the applicant misusing his position as S. H. O. P. S. Daraganj committed rape on minor girl by illegally detaining her at the police station. THE learned Counsel urged that the girl having been produced before the Magistrate for her statement under Section 164 Cr. P. C. by the police of P. S. Daraganj, it is not a voluntary statement free from the taint of pressure, threat and coercion. THE learned Counsel argued that according to the High School certificate the age of the girl is fourteen years. THE learned Counsel contended that the girl and her family members are being harassed and intimidated by the police personnel after the orders of this Court for the registration of First Information Report and her brother has been murdered. I have taken into consideration the submissions advanced on behalf of both the parties.;