JUDGMENT R.C. Deepak, J.
1. Heard Sri J.S. Sengar, learned Counsel for the accused-applicant, Sri Nasiruzzaman, learned Counsel for the complainant, learned A.G.A. for the State and perused the record.
2. The facts of the case are such that expose the man's brutality or display of beastly power to satiate the lust against the person of a helpless woman. She was a worker in an institution named Rapid Road Auto Agency, Sanjay Palace, Agra. Her duty was to secure customers for registration of their vehicles. The accused-applicant called her on a false pretext for providing her 2 - 3 customers who want to get their vehicles registered. She initially declined to go out and asked the accused-applicant to come with customers to her office. The accused-applicant came on his motorcycle to her office along with Sakir- the co-accused. She was called out and taken on the same vehicle for the so called customers, but as per their plan, the accused drove her to a semi-constructed house, that on reaching the said house she noticed the presence of Saket and Bunty. Soon thereafter, two of the four went upstairs to smoke. Those two present were also named by her in the F.I.R. From this, it becomes clear that all the persons were known to her, as such, she had hardly any occasion to apprehend any danger to her person, but the belief was shattered when co-accused Sachin and Yogendra started to misbehave with her despite her protest. They fell her on a cot and she was ravished one by one by all the four persons. This trauma was faced by her, that after the commission of the dastardly crime upon her. The co-accused Sachin drove her back. She narrated her tale of woes to her officers of the department. She also asked them not to disclose these facts to her father, who is a heart patient. She thereafter returned to her house and rested. Thereafter, she again went to her office on the next date wherein she was present in the office till evening. In the evening, when she went to toilet she fell unconscious and after regaining her consciousness she made the impugned F.I.R. In the process of being ravished or otherwise she had suffered injuries on her skull as well. In such circumstances, if these facts or omissions or if there is incoherence in the F.I.R. it is the most natural effect of the trauma that she suffered on her person allegedly at the hands of the accused-applicant and the other co-accused probability cannot be ruled out that she might have been pushed off the vehicle to eliminate her evidence at any later stage. The injuries could have been suffered subsequently in the said process.
3. I do not find any valid reason to have any doubt in her statement made under Section 164 Cr.P.C. so far as it relates to the role attributed to this accused-applicant, she has categorically named the accused-applicant one of the participant of this case of gang rape of heir's. The question that the incident did not occur on 11.8.2004 at 12:30 p.m., it cannot be believed at this stage. The medical officer has made a categorical statement in this regard that the incident could have occurred at the alleged time and date, The relevant portion of the statement is as follows; "Dinank 11.8.2004 12:30 baje se 4:00 baje rape hona sambhav hai. Skin thodi see kati thi jo jor jabardasti balatkaar karne per aana sambhav hai". The accused-applicant claims himself to be the student of B.Sc. On the ground of his appearance in the examination of the said class, he was released on short-term bail vide order dated 25.2.2005 and till today he is availing the liberty granted to him. While releasing the applicant on short-term bail, the following conditions were imposed upon him :
The applicant shall furnish an undertaking also before the C.J.M. concerned that he will not indulge in any criminal activities and will not cause either any threat or any physical violence to the injured/complainant and their family members and to the witnesses of the case. If any such report is made by any of the above person either to the court or the police, it shall be properly inquired into and if any substance therein is found, it shall he open for the court below to report to this Court so that the bail may be cancelled.
4. It is alleged that on being released on short-term bail, the applicant and co-accused Sachin extended threats and ill-treated the victim and on account of this the family of the victim shifted to Aligarh from Agra where too she was threatened and due to torture and mental agony she committed suicide on 22.7.2005. The first information report relating to this subsequent offence was lodged on 23.7.2005 at Aligarh against the accused-applicant and co-accused Sachin.
5. The prayer for bail of the co-accused Sachin has already been rejected by Hon'ble Justice Ravindra Singh vide order dated 29.9.2005 passed in criminal misc. bail application No. 864 of 2005.
6. Taking into account the entire facts and circumstances of the case emerging from the record, that the conduct of the accused-applicant and his abuse of the privileges of interim bail granted to him, I arrive at irresistible conclusion that the accused-applicant miserably failed to make out a case for bail.
7. The bail application of accused-applicant Arun son of Subhash Lawaniya in case crime No. 284 of 2004 under Section 376, 506, 120B IPC and Section 3(2), 5 SC/ST Act pertaining to police station New Agra, District Agra is hereby rejected. He is directed to surrender before the court below forthwith and in case of failure to do so, the court below shall initiate coercive measures provided under law to ensure his arrest and his remand. (sic)
8. I have only discussed the facts and circumstances of the case available on record and any finding in this regard shall in no way influence the trial court in deciding the case on merit.
9. Let a copy of this order be furnished to the learned A.G.A. free of cost next for intimating the authority concerned.