Rajendra Prakash Soni, J
1. Arrested in furtherance of FIR No.79/2023 registered at Police Station Jaitsar, District Ganganagar, petitioners have filed these applications under Section 439 Cr.P.C. for releasing them on bail. The petitioners are charged for offences punishable under Sections 366, 376-D, 377, 382, 384 of the I.P.C.
2. Let me briefly mention the facts germane for disposal of present petition. On 21.03.2023 at around 08.29 PM, complainant Miss “S” lodged a report stating that she had met Chhinda Singh two months ago and also knew Goldie as he was a friend of Chhinda Singh. Around 11:00 in the morning of that day, Chhinda Singh called her upon telephone and asked her to come to a place named “Buddha Johad”. She made an excuse to her mother and went to Bughiya turn on motorcycle of Jagga Singh. There, she met Goldie and Chhinda Singh and went to Buddha Johad on their motorcycle. Upon reaching near Raj Canal, Goldie left the scene. Chhinda Singh then attempted to rape her by removing her salwar. Meanwhile, two persons namely Vinod and Kuldeep started recording the incident on video. Chhinda Singh ran away with mobile of her. Thereafter Vinod and Kuldeep raped her. Later, another person named Deepu also raped her and recorded videos of rape. They threatened complainant to make the videos viral. Afterwards, Akash arrived there and took her near Bughiya turn. She borrowed a phone from a street vendor and informed her mother about the incident. Her mother then came and brought her to the police station. After investigation, charge sheet has been filed against several accused including the petitioner and statement of the victim has also been recorded during the trial.
3. To begin at the beginning Shri Trilok Joshi, learned counsel representing petitioner has fervently argued that during the trial, statements of victim have already been recorded in court. She has acknowledged that she had previous acquaintance and friendship with the petitioner. She also admitted that she voluntarily went with the petitioner on his motorcycle after lying to her mother and making an excuse about going to attend a birthday party of her female friend. The victim has not made any allegation of rape against the petitioner in her statements. The charge sheet against the petitioner has been submitted for the crime punishable under Section 366, 376/511 and 120B of IPC. The principal accused are the others. No recovery of any kind has been made from the petitioner. Concluding submissions, he asserted that petitioner is entitled to be enlarged on bail.
4. Per contra, learned Public Prosecutor has opposed the petition and submitted that the petitioner is also an important component in incident of gang rape with the victim. It was further argued that there is overwhelming evidence adduced on record which would prima-facie point towards the guilt of the applicant; that keeping in view the gravity of offence alleged to have been committed by him, he does not deserve any leniency. Therefore, petitioner does not deserve to be released on bail.
5. I have given my thoughtful consideration to the arguments advanced by learned counsel for the parties and have perused the record carefully.
6. Having given anxious consideration to the rival submissions and having examined the record, I am clearly of the view that petitioner is architect of the incident. The evidence of victim recorded during trial prima facie inspires confidence. F.I.R. was promptly lodged soon after the incident. The victim became prey of gang-rape because petitioner had called her to a secluded place. The victim did not go with petitioner voluntarily, so that she could be gang-raped. Nor could she have imagined that she could be gang-raped by several people and that her video during rape could be recorded. In the opinion of this court, the fact that the petitioner has been charged only with the offence of attempt to rape, has no bearing on case against him. Although crime of rape by petitioner may not have been fully executed but prima facie, it demonstrates clear intent to commit a heinous crime. Further, upon seeing other persons, namely Vinod and Kuldeep, the petitioner Salendra Singh had run away, leaving the victim alone to her fate and also took away the victim's mobile phone with him, for the reason known best to him. If he was innocent, he could have saved the victim by struggling from those vultures in human corpus. This clearly suggests that the petitioner was either complicit with them or failed in his responsibilities to protect the victim. In such a case of gang rape, attempt of rape by any person requires to be treated with utmost seriousness by the Courts.
7. This Court is of opinion that when an FIR by a girl is to be lodged with regard to commission of rape with her, many questions would obviously crop up for consideration, before one finally decides to lodge FIR. It is difficult to appreciate the plight of the victim who has been physically assaulted in such a manner. Obviously, prosecutrix must have also gone through great turmoil and only after giving it a serious thought, must have decided to lodge the FIR.
8. This Court feels that due to this act of the petitioner, the life of the victim has been ruined. Sexual violence, apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a woman. It is a serious blow to her supreme honour and offends her self-esteem and dignity as well. Gang rape have profound and devastating impacts on a young girl. It degrades and humiliates the victim leaving behind a traumatic experience. The experience can damage her sense of self worth, leading to feelings of worthlessness. The stigma can make her withdraw from social interactions, leading to loneliness. A rapist not only causes physical injuries but leaves behind a scar on the most cherished position of a woman i.e. her dignity, honour, reputation and chastity.
9. Another petitioner Akash has come to the scene to take away the culprits to their home, instead of taking them to police station. Why Akash was staying in the company of co-accused is also a mysterious question in the entire episode. Taking advantage of the situation, Akash also threatened the victim that if she does not come when he calls her, he will also make the video viral.
10. This Court is conscious of the fact that release of such offenders can prima facie, endanger the victim who can face retaliation. In view of the enormous prima facie material placed
on record in respect of the applicants, the allegations leveled against the petitioners, I am of the considered view that looking to the nature and gravity of the accusation in the instant case and the case set up against petitioners in its entirety the petitioners are not found entitled to be released on bail.
11. On these considerations and in view of the aforesaid discussion, I am of the considered opinion that accused petitioners have failed to carve out a strong case for bail in their favour. Bail applications therefore, is utterly misconceived under law hence deserves to be dismissed. Dismissed accordingly.
12. The above observations shall not be construed as an expression of opinion on merits of the case.
