Heard Sri Pankaj Satsangi, 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. 254 of 2020 under Sections 363, 366 and 376-D I.P.C., P.S. Kanth, District Shahjahanpur.
As per F.I.R. which has been lodged by father of the victim, victim aged about 17 years was enticed away by the accused applicant along with co-accused named in the F.I.R.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; F.I.R. was lodged initially under Sections 323, 363 and 366 I.P.C. on 17.04.2020 while the occurrence is stated in the F.I.R. to be of 15.04.2020. Statement of victim was recorded two days thereafter under Section 161 Cr.P.C. wherein she made allegation of rape against two persons i.e. Gappu and Sompal while no mention is made in the F.I.R. with regard to rape. Further it is argued that under Section 164 Cr.P.C., victim has stated that rape was committed upon her by the applicant and two others, hence there is discrepancy found in the statement of her recorded under Sections 161 and 164 Cr.P.C. Father of the accused applicant, Awadhesh is stated to have taken the victim on his motorcycle, although name of the said, Awdhesh was dropped from the array of the accused after investigation but it is argued that father would be involved in taking away the victim for his son is unusual. Co-accused, Sonu has been allowed bail by Coordinate Bench of this Court vide order dated 14.12.2020 in Crl. Misc. Bail Application No. 34565 of 2020, copy of which has been provided and the same is taken on record. Applicant has also claimed parity with the co-accused; he has also stated the reason as to why the applicant has been falsely implicated because when she was found by police, there happened heated arguments between her brother, Pradeep and co-accused, Sonu and Awadhesh and threat was given that they would be seen. He has no criminal history. He is in jail since 21.08.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice 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 Gappu Singh @ Krishnapal Singh 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 :- 18.2.2021 A. Mandhani