Allowed

Veerpal v. State of U.P.

Allahabad HC5 Sept 2022BAIL/18307/2019

Case brief

AI extract

What is this about?

The High Court allowed a bail application for an accused charged with rape and enticement. The court noted that prosecution witnesses had retracted their statements and did not support the prosecution version, satisfying the requirement for bail despite the gravity of the offense.

What did the court decide?

Applicant released on bail with personal bond and two sureties, subject to conditions against tampering, intimidation, and re-offending.

Veerpal Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18307 of 2019

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Applicant :- Veerpal Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Shivangi Bhargava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant, learned counsel for complainant Sri A.S. Usmani, holding brief of Sri Pankaj Satsangi, learned A.G.A for the State and perused the record.

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Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in this case for making enticement and committing rape with the victim, sister of informant. Further submitted that now the statements of victim and informant have been recorded before the learned trial court as P.W-1 and P.W-2. Both of them have not supported the prosecution version.The victim as P.W-2 as herself made the statement that co-accused persons did not commit rape with he, even during cross examination by the prosecution, nothing was found in the statement of prosecution version. In this way no offence is made out against this applicant. He is languishing in jail since 17.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA as well as learned counsel for complainant opposed the prayer for bail and acceded the fact that the victim and informant had not supported the prosecution version before the learned trial court.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, statements made by the victim and informant before the learned trial court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Veerpal, involved in Case Crime No.745 of 2018, under Sections 376-D, 363, 366 I.P.C and 3/4 POCSO, Act, P.S. Gunnor, District Sambhal be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the

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trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 5.9.2022

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G.S

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Digitally signed by GHAN SHYAM Date: 2022.09.14 15:48:05 IST Reason: Location: High Court of Judicature at Allahabad

Veerpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Veerpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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