Allowed
Prempal v. State of U.P.
Allahabad HCBAIL/27952/2019
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27952 of 2019
Applicant :- Prempal Opposite Party :- State of U.P. Counsel for Applicant :- Ram Shiromani Yadav Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that as per the medical examination report of the victim, she is 23 years old and married woman. It has been stated that due to strained and incompatible relationship between the victim and her husband, she was living in her parental house along with her sons. As per the allegations made in the first information report lodged by the mother of the victim, namely, Laxmi on 3.8.2018, the victim was taken away on 22.7.2018 by Naipal along with his friend Heer Lal for attending a function regarding Mundan ceremony, which was scheduled to be held on 23.7.2018 for a period of one week but on 29.7.2018 when the relative of the victim, namely, Raidas informed the first informant that the victim was not seen at the residence of Naipal and she was missing, the first informant and her son along with others tried to search the victim. In between, the first informant was informed that the victim was hostage in the house of one Bhopal of village Khakin Shobhapur. Thereafter, they went to said place from where the victim was recovered and she narrated the story that all the accused, namely, Naipal, Heera Lal and Nand Kishor took away the victim from one place to another and there they sexually assaulted her repeatedly and they sold the victim to applicant and one Jogendra in Rs. 50,000/-. Thereafter, the applicant and Jogendra also committed rape upon her and detained her at their house. Learned counsel for the applicant submitted that applicant is distance relative of co-accused Heera Lal due to which he has falsely been implicated in the present case. The applicant has not been involved in the alleged offence. It has further been submitted that co-accused Nand Kishor, Heera Lal and Naipal against whom the allegation of rape was made by the victim, have already been released on bail by another bench of this Court vide orders dated 18.1.2019, 12.3.2019 and 18.11.2019 in Criminal Misc. Bail Application Nos. 2121 of 2019, 10658 of 2019 and 43891 of 2019 respectively, therefore, the applicant is also entitled for bail. It has further been submitted that applicant has no concern with the alleged incident. He has
falsely been implicated in the present case. The applicant has no criminal history and is in jail since 28.5.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Prempal involved in Case Crime No. 445 of 2018, under section 323, 342, 376-D IPC, P.S. Nakhasa, District Sambhal be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 2.9.2020 Masarrat
3 issues framed by the court
Whether the applicant is entitled to release on bail in a case involving allegations of rape and kidnapping.
Whether the bails of co-accused entitle the applicant to similar relief without a detailed merits discussion.
What conditions should be attached to the bail order in this fit case for bail.
Prempal
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court