Basanti vs State

Pratibha Rani, J.

Crl. M.A. No. 13168/2014 (Exemption)

Exemption allowed, subject to all just exceptions. Application stands disposed of.

Bail Appln. No. 1888/2014

By filing this application under Section 439 Cr.P.C., the Applicant is seeking bail in case FIR No. 193/2014 under Section 376-D/ 109 IPC & under Section 6 of POCSO Act, PS New Friends Colony, Delhi.

Notice. Learned APP accepts notice on behalf of the State.

Status report has been filed by the State.

I have heard learned counsel for the Applicant as well as learned APP for the State and also gone through the record. Statement of the Prosecutrix recorded under Section 164 Cr.P.C. has also been perused.

The case FIR No. 193/2014 under Section 376-D/ 109 IPC & under Section 6 of POCSO Act has been registered at PS New Friends Colony, Delhi on the basis of statement made by Prosecutrix "R" (name withheld to conceal her identity) aged about 17 years wherein she stated that she got married to a person namely Imran about three months prior to this incident. She stayed with her in-laws for about two months and on 21.04.2014 she returned to her parental home. Since her parents wanted her to be sent to her matrimonial home, she left her parental home about three days prior to this occurrence. The Complainant further stated that during day time, she used to spend time in Ashok Park and at night, she used to sleep at "Mazaar" of "Peer Baba''.

The role of the present Applicant, as mentioned in the FIR, is that on the date of occurrence at about 10.00 pm, the Complainant met Basanti i.e. the present Applicant near bank of river Yamuna. Basanti questioned her as to the nature of the job she was doing. On being informed that she was doing nothing, Basanti took her to a newly constructed house in Toba Colony on the pretext of providing job. Three boys were present there and she had seen them earlier also. There they had cold drinks. The remaining allegations regarding outraging her modesty and committing rape on her have been made against the co-accused persons.

In the statement under Section 164 Cr.P.C., the Complainant has not even named the present Applicant or stated about her presence near or around the place of occurrence.

Learned counsel for the Applicant submits that the Applicant is in custody since 12.5.2014 and in the statement under Section 164 Cr.P.C., no role has been assigned to her whereas in the FIR, the role assigned to her is to the extent that she accompanied the Complainant to a newly constructed house in Toba Colony where three boys were present. Learned counsel for the Applicant prays for grant of bail to the Applicant.

On behalf of State, it is submitted that the Applicant is a resident of Odisha and allegations of abetment to commit rape has been levelled against her in the FIR. Learned APP further submits that in the circumstances, there is every possibility of jumping the bail by the Applicant, if released on bail. Learned APP prays for dismissal of the bail application.

Considering the facts and circumstances of the case, I find it to be a fit case to enlarge the Applicant on bail. Accordingly, it is directed that Applicant be released on bail on her furnishing personal bond in the sum of Rs. 25,000/- with one local surety in the like amount to the satisfaction of learned Trial Court, subject to the condition that the Applicant shall not try to contact the Complainant in any manner whatsoever.

Application stands disposed of. Any observations made hereinabove for the purpose of dealing with the contentions of counsel for the Applicant shall not be deemed to be an expression on merits of the case.