I.S. Israni, J. - (1.) Heard. It is submitted by Shri A.K. Gupta learned counsel for the petitioner that the petitioner is alleged to have committed offence under Section 363, 366 and 376 IPC and this bail application is under Section 438 Cr.P.C. It is submitted that even though name of the petitioner appeared in the F.I.R. but the name of the petitioner does not appear in the evidence. She does not show the name of the accused who have committed rape with her. However in the statement recorded under Section 161 Cr.P.C. she also names the petitioner.
(2.) It is submitted by Shri Kaushik, learned Dy. Govt. Advocate that prosecutrix is 15 years old and she is student of 8th class. In FIR, the name of the petitioner has been mentioned and in the statement under Section 164 Cr.P.C. the prosecutrix has clearly stated that petitioner also committed rape with her alongwith several other persons whose names have also been mentioned. I have heard the learned counsel for the parties and perused the case diary. It is mentioned in the FIR that certain witness whose evidence under Section 161 have been recorded, namely, Ali Khan. Hetam Singh informed the complainant who had seen the prosecutrix with boys at railway station. However, in both these statements the name of the petitioner does not appear. Even though the offence alleged to have been committed is heneous and serious in nature but there is clear contradiction between the statements of prosecutrix recorded under Section 161 Cr.P.C. and 164 Cr.P.C. so far as the petitioner is concerned. In the facts and circumstances I am, therefore not inclined to grant the bail of the petitioner.
(3.) The S.H.O. Police Station Roopbas, Distt. Bharatpur in F.I.R. No 50/90 is, therefore, directed that in the event of arrest of petitioner Vishnu Kumar son of Brij Nandan by caste Brahmin resident of Roopbas, Distt. Bharatpur he be released on bail, provided he furnishes a personal bond in the sum of Rs. 10,000 (Rs. Ten Thousand only) with two surities of Rs. 5000/- each to his satisfaction on the following conditions : 1. that the petitioner shall make himself available for interrogation by a police officer as and when required? 2. that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer and; 3. that the petitioner shall not leave India without the previous permission of the Court. Bail granted.;