- (1.) Each of the accused-petitioner has moved separate application for grant of bail under Section 439 Cr.P.C. in respect of FIR No.169/2014 registered at Police Station Bagar (District Jhunjhunu) for the offences under Sections 363, 366, 376-D, 354 read with Section 120-B IPC , Section 67 of Information Technology Act and Sections 4,5 and 6 of Protection of Children from Sexual Offences Act, 2012.
(2.) The allegation against the petitioners is that they entered into a criminal conspiracy to kidnap and abduct the prosecutrix and to commit rape upon her and in pursuance of that conspiracy they kidnapped and abducted the prosecutrix and accused-petitioner Shri Shaukat Ali in presence of the other accused-petitioners committed rape upon the prosecutrix and also made video clips of the prosecutrix while committing rape upon her by using a mobile phone.
(3.) The bail applications filed by the accused-petitioners have been dismissed by the Sessions Judge, Jhunjhunu vide order dated 27.9.2014. It is to be noted that Coordinate Bench of this Court vide order dated 27.10.2014 directed the investigating officer to record the statement of prosecutrix under Section 164 Cr.P.C. and in compliance of the same her statement under Section 164 Cr.P.C. was recorded by the concerned Magistrate on 28.10.2014 and thereafter further statements of her parents were also recorded by the investigating officer under Section 161 Cr.P.C.;