Shakeel Ahmad (In Jail) vs State of U.P.

G.P. Srivastva, J.—Heard learned Counsel for the applicant and learned A.G.A.

According to the prosecution case the applicant was contesting election of B.D.C. and the victim a girl aged about 13 years was called for helping to the wife of the applicant in house hold. The girl did not come back to her house. Several applications were moved by the complainant and during the investigation the victim was found in the court compound. According to medical report the victim was aged about 18 years. In her statement recorded u/s 164 Cr.P.C. she has stated that the applicant had committed rape upon her in the sugar cane field. Thereafter she was taken to Moradabad where she was locked in a room. She was detained for three days and was produced before a lawyer. On seeing the police the accused fled away and the lawyer send her to police station. The manner of the occurrence shows that after the election the applicant took the victim to Rampur which was seen by two witnesses. The fact that the victim was produced before a lawyer and on seeing the police the accused fled away give strength to the prosecution case. The applicant has allegedly misused his position. No ground for bail. The bail application is rejected.