Saddiq vs. State Of U.P.

Court No. - 52

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43628 of 2017

Applicant :- Saddiq Opposite Party :- State Of U.P. Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.

Hon'ble Rajnish Kumar,J.

Heard Sri P.K. Singh, learned counsel for the applicant, Sri Rahul Singh Rajpoot holding brief of Sri Vijay Bahadur Shivhare, learned counsel for the informant, learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant in Case Crime No.180 of 2017, under Sections 306, 376-D, 452, 506 IPC and 6 POCSO Act, Police Station Sumerpur, District Hamirpur, with the prayer to release him on bail.

Submission of learned counsel for the applicant is that as per the prosecution case an information was given by the father of the victim on 23.5.2017 at 2 P.M. which was taken down in G.D. No.22 at 2 P.M. that the first informant and his wife had gone to attend a wedding and his daughters were present in the house. When they came back, they came to know that his daughter Km. Parveen aged about 17 years has committed suicide. Based on this information the inquest and postmortem was conducted on 23.5.2017. Further on 4.6.2017, an application was moved by the father of the victim that in fact on 22.5.2017 the applicant and co-accused Babu after entering his house had raped the victim and then strangulated her by Chunni. This incident was witnessed by his two daughters Rabia and Kallo. Learned counsel has argued that the prosecution has not offered any explanation as to why the two real sisters of the victim/deceased did not disclose this fact of gang rape by the applicant and the co-accused. Besides it, it is argued that the prosecution version that the applicant and co-accused had strangulated the victim is not supported by the medical evidence, inasmuch as the doctor has opined that the deceased died on account of asphyxia due to hanging. He further submitted that the version of rape came into existence after thirteen days of the information given by the first informant at the Police Station and no reliance can be placed at this stage regarding alleged commission of rape by the applicant and co-accused. Lastly, it is submitted that the applicant is languishing in jail since 21.6.2017 having no criminal antecedents.

Per contra, learned counsel for the informant and learned A.G.A. strongly opposed the bail and submitted that two real sisters of the victim Rabia and Kallo in their statements recorded under Section 164 Cr.P.C. have fully corroborated the version that the applicant and co-accused had gang raped the deceased and on account of frustration, she committed suicide. However, he could not offer any explanation as to why the version of rape was introduced after thirteen days of the incident.

Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.

Let applicant Saddiq, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-

(1) The applicant shall not tamper with the prosecution evidence; (2) The applicant shall not pressurize the prosecution witnesses; (3) The applicant shall appear on the date fixed by the trial Court.

In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.

Order Date :- 27.9.2018 Hasnain