Allowed

Sunny Deol v. State of U.P. and Another

Allahabad HC2 Dec 2020BAIL/2934/2020

Case brief

AI extract

What is this about?

This was a bail application filed by Sunny Deol. The applicant was accused of offences under the POCSO Act and IPC. The court perused the material, consistent with the victim's statement, and granted bail subject to stringent conditions regarding cooperation with trial and personal appearance.

What did the court decide?

Release on personal bond and two local sureties subject to conditions of personal appearance, cooperation with trial, and no tampering with evidence or witnesses.

Sunny Deol Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 36

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2934 of 2020

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Applicant :- Sunny Deol Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjai Kumar Pandey Counsel for Opposite Party :- G.A.,Sandeep Kumar

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.55 of 2019, under Sections 363, 366, 376 D.B. I.P.C. & 5/6 POCSO Act, P.S. Jogiya Udaipur, District Siddharth Nagar.

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Learned counsel for the applicant submits that according to F.I.R. version on 07.06.2019 at about 7:00 p.m. applicant and co-accused enticed away the victim aged about 13 years. He further submits that incident occurred on 07.06.2019 and information was lodged on 08.06.2019. Victim was recovered on 09.06.2019 by the police alone. As per statement of victim under Section 161 Cr.P.C., applicant wanted to take her Chennai and in the night asked to establish physical relationship but she refused on which he tried to take away her forcefully. As per statement under Section 164 Cr.P.C., the victim has levelled allegation of rape against the applicant. In additional statement under Section 161 Cr.P.C. she has reiterated almost same version as under Section 161 Cr.P.C. As per medical report no injury has been found nor any abnormality has been found and hymen has been found intact. The applicant has not committed the alleged offence. He has been falsely implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 18.06.2019.

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Per contra, learned A.G.A. as well as learned counsel for the informant opposed the bail prayer of the applicant and submit that in statement under Section 164 Cr.P.C., victim has levelled allegation of rape against the applicant and also submit that as per school record date of birth of the victim is 31.07.2010, according to which at the time of incident she was near about 9

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years old, therefore, applicant is not entitled for bail.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, statement of the victim and as per medical report hyment has been found intact, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Sunny Deol involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of

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any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 2.12.2020 Jitendra

Sunny Deol v. State of U.P. and Another

Case brief

What is this about?

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Sunny Deol v. State of U.P. and Another

Case brief

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