Allahabad High Court
Sompal vs State Of U.P And Another on 19 January, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1501 of 2021 Applicant :- Sompal Opposite Party :- State Of U.P And Another Counsel for Applicant :- Jitendra Pal Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Jitendra Pal Singh, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 324 of 2020, under Sections 363, 376D, 506 & 34 of I.P.C. and 3/4 of P.O.C.S.O. Act, P.S. Milak, District Rampur.
As per F.I.R., which has been lodged by the brother of the victim, it has been stated that her sister aged about 17 years was taken away by the accused applicant on a motor-cycle when she was going to house of her sister on 15.08.2020 at 06:00AM on the pretext that he would drop her there and later on he had taken her to Pilibhit where she was raped in a school and thereafter the victim was handed over to co-accused Harish who also raped her at the shop of Satyapal and her sister was given threat that she would be killed and by the assistance of one lady she managed to contact the informant on mobile phone and thereafter the informant and his two companions reached the place where she was present and brought her home back.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. It is further argued that the victim is a major girl and her age is above 17 years. As per radio-logical examination, she was found to be 18-19 years of age. It is further argued that it is a case of consensual sex. As per medical examination report, no internal or external injury was found to have been suffered by the victim. The accused applicant has no criminal history; he is in jail since 15.09.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail and argued that the victim has supported the prosecution version in her statement under Section 164 Cr.P.C.
Looking to the fact that the F.I.R. was lodged after considerable delay without explaining any justifiable reason and she remained with the accused applicant and co-accused also and rape was committed upon her by them but she did not raise any alarm, which shows that it is a case of consensual sex, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Sompal involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 19.1.2021 VPS