JUDGMENT

Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing)

The applicant to the present bail application, is alleged to be an accused for commission of the offences punishable under Sections 363, 366-A, 376(3), 506, 120-B IPC; as well as Section 5/6 of the POCSO Act, which was registered as Case Crime No.368 of 2019 at P.S. Patelnagar, Dehradun.

2. The complainant Mohd. Shakir Shaifi, had registered the FIR on 05.09.2019 at 11:53 ‘o' Clock at Police Station Patelnagar as referred above, in which the applicant has been named as to be an accused, involved in the commission of offence, which was narrated in the said FIR, to the effect that it was on 03.09.2019, his minor daughter, when she had left for school in the morning at 08:30, thereafter her whereabouts were not known and later on it has revealed that the present applicant had somehow been able to entice the minor daughter and had taken her to Baheri District Bareilly, and thereafter kidnapping the daughter of the complainant, he had given a call to the complainant on the cell number of the complainant, whereby he has given a threat that in case if any action is taken against him i.e. by the complainant, he would be facing the dire consequences and it was also complaint that he has intentionally kidnapped the daughter of the complainant.

3. Based on the aforesaid FIR, the police team had initiated the investigation and had recorded the statement of the witnesses and thereafter during the course of investigation it reflected that they were other co-accused persons, who are also engaged in the conspiracy of commission of the offence and after kidnapping the minor daughter, they have taken her to a secluded place and had committed the offence under Section 376 of IPC, by establishing the forceful physical relationship with her.

4. As per the statement recorded by the prosecutrix under Section 164 of the Cr.P.C., she had made a categoric statement to the effect that on 03.06.2019, when she was going to school, the present applicant had forcefully kidnapped her and after taking her in a jungle; under threat by placing a country made pistol on her stomach, had established the physical relationship under the fear of death.

5. The co-accused persons had preferred a bail application before the Coordinate Bench of this Court and the bail application, which was numbered as Bail Appl. No.2619 of 2019 Rizwan vs. State of Uttarakhand, that was considered by the Coordinate Bench and was allowed vide its order of 29.11.2019 and the reason for allowing the bail application of the co-accused person, was on the ground that the principal set of allegations were found to have been levelled against the present applicant and also that the co-accused persons, who were granted bail, since they were not named in the FIR, since their name has not been reflected in the statement, which has been recorded by the prosecutrix under Section 161 of Cr.P.C. and under Section 164 of the Cr.P.C. as well, they were released on bail. In fact, if the logic assigned by the Coordinate Bench of this Court is taken into consideration, it was based on the analysis of the statement of the prosecutrix, which was recorded under Section 161 of Cr.P.C. and under Section 164 of Cr.P.C., which has already been dealt with by this Court as above, in fact, the prime allegation of commission of offence of kidnapping and establishing forceful physical relationship under the threat of being killed, itself is suffice to establish the commission of offence and that was the context taken into consideration by the Coordinate Bench, while granting bail to the co-accused persons.

6. The statement of the prosecutrix as recorded under Section 161 of Cr.P.C. and as that under Section 164 of Cr.P.C. had been consistent and there has been no contradiction at all, as such, and she has recorded the following statements:-

^^voyksdu /kkjk 164 Cr.P.C. ds c;ku uke ihfM+rk mez 15 o"kZ eq0 v0 la0 368@19 dks tc eSa Ldwy tk jgh Fkh rks vkflQ eq