The applicants has applied for bail in Case Crime No. 119 of 2005 under Sections 376 and 306 I.P.C. P.S. Shahi District Bareilly.An information was given that deceased Km.Durgesh daughter of Ayodhya Prasad, aged about 13 years committed suicide by hanging herself at her house.On that information, one head constable/ A.S.I, alongwith other two police personnel came at the place of the occurrence and prepared the inquest report of the deceased on 29.3.2005 since 9.30 A.M. To 11 A.M. The inquest report was prepared in the presence of Ayodhya Prasad, the father of the prosecutrix.According to the inlquest report, the cause of death was strangulation by pressing the neck of the deceased.According to that report, the parents of the deceased Durgesh Kumari had gone to Delhi on 24.3.2005 who attend Satsang of Satgurudev Maharaj and the deceased remained alone at her house because one Tula Ram, the brother of the first informant was also living in the village.The deceased was student of Class-IVth.On 24.3.2005 at about 8 P.M., she had gone to attend the call of nature out side the village but she did not return after a considerable period then one Tula Ram went towards the place of occurrence in search of the deceased.He heard the Shriekh of the deceased from the field of one Mohan Swaroop.He proceeded towards there by flashing a torch light and saw the applicants and co-accused Nanhey Lal and Prem Pal who were committing the rape at the pistol point by pressing the mouth of the deceased.Thereafter, the applicants and other accused persons ran away leaving the deceased at the place of occurrence.The deceased disclosed the fact before all the persons who gathered at the place of occurrence that she was forcibly lifted by the applicants and two other co-accused persons and taken to the field of wheat where she was raped by the applicants and 2 other co-accused persons at the pistol points.The parents of the deceased were not present at the house so the F.I.R. was not lodged immediately thereafter.But thereafter certain derogatory remarks were also passed by the applicants and other co-accused persons on the deceased and she was harassed and mentally tortured.On 28.3.2005, the parents of the deceased came to Bareilly from Delhi but the father of the deceased stayed at Bareilly for some work and the mother of the deceased came to village Lalpur.JUDGMENT Ravindra Singh, J.The mother of the deceased went to the house of Khem Karan Lal.In the meantime, the applicants and two other co-accused persons entered into the house of the deceased by crossing a boundary wall and the main gate was closed by them from inside and they committed murder of the deceased by throtling and to conceal this act and to divert the attention of all the persons, the deceased was hanged by them at the door and they ran away from the house by jumping the boundary wall.They were seen by Deena Nath when they were jumping the boundary wall , subsequently, it was found that the deceased was hanging thereafter, rope was cut and she was taken down but and the deceased had died and on that information , Ayodhya Prasad, the father of the deceased came in the village in the same night.But, the Chaukidar went to police station to gave this information.It is contended by the learned counsel for the applicants that according to the prosecution version, the applicants and two other co-accused persons committed the rape with the deceased on 24.8.2005 at about 8.00 P.M. but in respect of the rape, no F.I.R. was lodged, whereas, Deena Nath, the uncle of the deceased was present in the village.Accordingly to the information of the chaukidar and according to the statement of the witnesses recorded by the Investigating Officer under Section 161 Cr.P.C, the deceased committed suicide because she was raped by the applicants and other co-accused persons and the insulting remarks were passed upon her by them and she was mentally harassed, but the allegation of rape has been made against the applicants and other co-accused persons but no such F.I.R. was lodged against the applicants and other co-accused persons, therefore, it is an allegation after thought.It is further contended that the prosecution story is not corroborated by the post mortem examination report, the deceased had not committed the suicide but she was murdered by strangulation because injuries were found on the neck of the deceased on the front of both the sides of the neck 7 cm below the right ear and 3 cm below the chin and 4 cm below left ear and the cause of death was Asphyixia as a result of ante mortem strangulation, it is contended that the deceased was murdered by her family members but to save their skin, the false information was given to the police station concerned and thereafter, the applicant and other co-accused persons were falsely implicated.It is opposed by the learned A.G.A. by submitting that according to the detailed report dated 30.3.2005, ther father of the deceased clearly stated that when his wife has gone to the house of one Khem Karan Lal at that time, the deceased was alone at her house.The applicants and other co-accused persons got a chance and entered into the house by jumping the wall and after closing the door from nside and they committed the murder of the deceased by way of throttling .It is further contended that nobody has seen that how and in what manner the deceased was murdered but the post mortem examination report shows that first of all the deceased was subjected to rape , thereafter, he was murdered by throttling because in the post mortem examination report, an abrasion insize of 4cm x 3 cm was present on inner part of thigh near to vaginal region and hymen was teared and clothed blood was present and the blood was found in the uterus of the deceased also.It shows that a sexual assault was made on the deceased .She was murdered there after hanged by to divert the attention , there was a sexual assault also, thereafter the deceased was murdered.There is specific allegation against the applicants and other co-accused person when they have entered the house of the deceased by jumping a wall and the door of the house was closed from inside, it shows that she was murder and thereafter hanged by the applicants and other co-accused persons, in such circumstances, it cannot be said that the parents of the deceased have committed the murder of the deceased.Accordingly this bail application is rejected.

Sections cited: Section 376 in The Indian Penal Code, Section 306 in The Indian Penal Code, Section 302 in The Indian Penal Code