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Judgment
Deepak Kumar Agarwal, J
This first application under Section 438 of CrPC has been filed for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.756/2021 registered at Police Station City Kotwali, District Morena for offence
under Section 376(2)(n), 376-D, 354-D, 365, 342, 506/34 of IPC.
As per the prosecution case, on 07/06/2021 complainant Nazim Khan, son of Mustafa Khan, aged about 23 years, resident of Pipripura Road, Sanjay
Colony, Morena lodged a Guminsan report at police station alleging that his sister (prosecutrix) without informing her parents, went away at about
03:00 pm. Thereafter, the police, on the basis of missing report, during the investigation on 09/06/2021 recovered prosecutrix along with her brother
Yunis Khan and other family members from Jaipur and brought to the police station. In her statement, the prosecutrix stated that on 07/06/2021 at
about 02:00 pm she had gone to medical store for purchasing some medicine for her mother and as and when she reached near Chourah, co-accused
Kuldeep and Deepu came there and forcibly took her away to Jaipur in a four wheeler vehicle on the point of Katta in which co-accused Prince and
applicant-accused Nazila Khan were already there and kept her in a room where main accused Kuldeep committed gang rape on her and thereafter,
the statement of the prosecutrix was recorded.
It is submitted by learned Counsel for the applicant that the applicant has been falsely implicated. The applicant is ready to cooperate with the
investigation and there is no likelihood of his absconding or tampering with the prosecution case. Hence, he prays for grant of anticipatory bail.
On the other hand, learned Panel Lawyer opposed the bail application and prayed for its rejection.
Looking to the statement of prosecutrix, submission of the applicant that he has not committed any offence is not sustainable. He is involved in the
commission of crime. Looking to the seriousness of crime, this Court is not inclined to grant anticipatory bail. Hence, the application is hereby
rejected.