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Judgment
Anoop Chitkara, J
Petitioner, who is in custody for committing rape upon a minor girl aged 14 years, has come up before this Court seeking regular bail on the ground
that (in the statement under Section 164 of Cr.PC, the victim did not specifically stated), the petitioner did not commit rape with her.
A perusal of the police report reveals that in the earlier version, the victim had specifically stated that petitioner had forcibly made victim to take
beer and after that the petitioner had taken her in his Pick-Up vehicle towards Pangi road. The petitioner parked the said vehicle in an isolated place
and then took her behind a big rock, where he committed rape upon her. After that he dropped her back and handed over her to Vinod Kumar.
I have seen the statement of victim recorded under Section 164 of Cr.PC. The victim explicitly stated in her statement that Vinod Kumar and
Ankush had not committed any bad thing with her. After meeting with her they had left her on the Pick-Up stand.
The investigation is continuing/going on and DNA profile is still awaited. Whether the victim in order to save her boyfriend Vinod Kumar was also
trying to save Ankush or in fact her second version is correct would be better understood once DNA report is received from SFSL. At this stage,
given the heinous nature of offence and the manner in which the victim was taken and handed over from one boy to another, dis-entitled the petitioner
from granting bail.
Consequently, in the facts and circumstances peculiar to this case, at this stage, the petitioner fails to make out a case for bail. This order does not,
in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation per law.
Any observation made hereinabove is neither an expression of opinion on the merits of the case, nor shall the trial Court advert to these comments.
Given above, in the facts and circumstances peculiar to this case, the petition is dismissed. However, the petitioner shall be at liberty to file a new
petition on the same cause of action or different grounds after receiving SFSL report.