Angoori vs State of Haryana

M.L. Singhal, J.

This is Crl. Misc. No. 25132M of 1998 whereby Smt. Angoori wife of Shri Bhajan Lal is claiming bail in case FIR No. 458 dated 29.6.97 under Section 363, 366, 376 Indian Penal Code registered at P.S. Sarai Khwaja.

The persecution case in brief is that Santosh aged 1718 years daughter of Sham Lal was missing since 26.5.1997. Her father tried to locate her and searched for her but could not trace her. Rajbir used to visit the house of Sham Lal some time. On 26.5.97 at about 12 noon, Rajbir came to his house and stayed there upto 34 PM and then he started saying that he was going to Delhi. Rajbir used to stay with his parents in a jhuggi at Delhi. Santosh did not return for quite some time. Sham Lal reported the matter to the police on 29.5.97 on the basis of which this case was registered. Santosh while appearing at the trial made statement implicating Smt. Angoori. Santosh stated before Additional Sessions Judge, Faridabad in her statement Annexure P1 that on 26.5.97 at about 4.15 PM, she went to answer the call of nature. In the meantime, some persons came there in a jeep. One Kirth Chand put a piece of cloth in her mouth. She could not raise alarm. Lal Chand shut her eyes with cloth. Kirth Chand, Lal Chand, Mohan Singh, Rajbir, Sahi Ram, Angoori and Jagdish put her in jeep and took her to village Khanwala in district Allahabad (UP). She woke up at Allahabad. Kirth Chand and Rajbir had sexual intercourse with her at village Khanwala. She was kept there for 15 days and she was raped by both Rajbir and Kirth Chand. Thereafter, they took her to Delhi and kept her in Sanjay Colony and they had sexual intercourse with her turn by turn. Thereafter, Sahi Ram, Lal Chand, Angoori, Rajbir, Bhajni brought her to the shop of Sahi Ram situated at Old Faridabad. Thereafter, she was brought to the house of Rohtash Pahalwan.

It has been submitted by the learned counsel for the petitioner that Smt Angoori was summoned by the court in exercise of the powers vesting in it under section 319 Cr.P.C. One Jagdish who was summoned by the court in exercise of the powers vesting in it under section 319 Cr.P.C. was allowed bail by Hon''ble S.C. Malte, J. vide order dated 3.8.98 in Crl. Misc. 16991M of 1998. So far as Smt. Angoori is concerned, to her the abduction of Santosh with intent that she might be forced into marriage or she might be forced to illicit intercourse is imputed. Hon''ble S.C. Malte, J. declined bail to Angoori on 22.7.98. She has applied for bail because on 3.8.98, one Jagdish was allowed bail who, too, had been summoned by the Court in exercise of the powers vesting in it under section 319 Cr.P.C. To Smt. Angoori, abduction of Santosh with intent that she might be forced into marriage or she might be forced into illicit intercourse was imputed only in court when her statement was recorded by Additional Sessions Judge, Faridabad. In the earlier statement made by Santosh before the police, Smt. Angoori did not figure.

So, bail to Angoori to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Faridabad. Interim bail already granted to her is thus made absolute.

JUDGMENTed accordingly.