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Gurpreet Singh @ Gopi vs State Of Haryana on 16 August, 2018

CRM-M-14771-2018
CRM-M-20783-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

(1) CRM-M-14771-2018

Gurpreet Singh @ Gopi
…Petitioner

Versus

State of Haryana
…Respondent

(2) CRM-M-20783-2018

Jaspreet @ Jassa
…Petitioner

Versus

State of Haryana
…Respondent

Date of Decision:-16.8.2018

CORAM: HON’BLE MR.JUSTICE H.S. MADAAN

Present: Ms.Narender Kaur, Advocate
for the petitioner in CRM-M-14771-2018.

Ms.Sukhpreet Kaur, Advocate
for the petitioner in CRM-M-20783-2018.

Mr.Gaurav Bansal, AAG, Haryana.

Mr.Sanjiv Gupta, Advocate
for the complainant.

****
H.S. MADAAN, J.

By this order, I intend to dispose of two petitions i.e. CRM-

M-14771-2018 filed by petitioner Gurpreet Singh @ Gopi and CRM-M-

20783-2018 filed by petitioner Jaspreet alias Jassa, who are accused in FIR

No.3 dated 4.1.2018, under Sections 363/366-A/376-D, 506 IPC and

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Section 6 of the Protection of Children from Sexual Offences Act, 2012,

registered at Police Station Ding, District Sirsa for grant of regular bail.

Briefly stated, facts of the case as per prosecution story are

that FIR in this case was registered by complainant (name not being

mentioned to conceal her identity and referred to as ‘the victim’), aged

about 16 years, in which she stated that she is a student of 11th class in

Guru Nanak High School, Bahavdin; that for the last about 5/6 months,

she was having friendship with Manpreet @ Manna son of Thola Singh,

resident of Jodka Road, Dhani Bahavdin, who used to come to her house

and one day he telephonically called her stating that he wanted to meet her

at some lonely place, however, she refused to do so stating that her

parents and brothers do not allow her to do so and that they would get

angry; that then on 3.12.2017 at about 6:00/7:00 p.m., Manpreet @ Manna

made a telephonic call to her telling her that he would bring sleeping pills

for her family and that the complainant should administer the same to

them. According to the complainant at about 8/8:30 p.m. Manpreet @

Manna handed over a strip of sleeping pills; that the complainant gave the

pills to her parents and both the brothers by mixing the same in the milk,

resultantly all of them fell into fast sleep; that at about 10/10:30 p.m.,

Manpreet @ Manna and Gopi son of Kala Singh, resident of Bahavdin

came to their house; that Manpreet @ Manna caught hold of hand of

complainant, took her outside the house to a field at some distance,

talking lovingly and then put up of her salwar, doing wrong things with

her against her will; that when the complainant started weeping then

accused left her there, thereafter Manpreet @ Manna and Gopi went away

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from that place. According to the victim out of fear, she did not tell

anything to any one as Manpreet @ Manna asked her on phone suggesting

that they should elope and get married, in that way honour of complainant

would be saved; that on 25.12.2017, Manpreet @ Manna again enticed her

and at about 7:30 p.m.; that he picked the complainant from a place

outside her house making her sit on a bike stating that they would marry

at Chandigarh; that thereafter Manpreet @ Manna took the complainant to

Chandigarh in a vehicle, however, marriage of Manpreet @ Manna and

complainant could not materialize as the complainant happened to be

minor; that on 26.12.2017, complainant, Manpreet @ Manna and Gopi

and Jassa brother of Manpreet, who had accompanied them came back

and then the complainant informed her family members that she had gone

with Manpreet @ Manna for some urgent work and she kept mum due to

fear of society; that Manpreet @ Manna threatened her that if she told

anything to anybody then he would kill her and her family members; that

on 3.1.2018, she told the entire story to her aunt(CHACHI) Mandeep

Kaur wife of Gurtej Singh, who in turn informed her parents and then

matter was reported to the police. After registration of the FIR, Gurpreet

Singh @ Gopi was arrested in this case on 19.1.2018, whereas Jaspreet

alias Jassa was arrested on 20.3.2018. They had moved applications for

regular bail in the Court of Sessions, however, the same were dismissed

by learned Additional Sessions Judge, Sirsa, as such, they have

approached this Court by way of filing these petitions asking for the

similar relief, notice of which has been issued to the respondent – State,

which put in appearance through counsel. The complainant has also

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appeared through counsel.

I have heard learned counsel for the petitioners, learned State

counsel as well as learned counsel for the complainant besides going

through the record.

Even as per the prosecution story, no overt act has been

attributed either to petitioner Gurpreet Singh @ Gopi or petitoner Jaspreet

@ Jassa. The main thrust of allegations is against Manpreet @ Manna

against whom allegations of kidnapping and rape are there. The part

attributed to petitoner Gurpreet Singh @ Gopi is that he was

accompanying Manpreet @ Manna when they went to house of

complainant on 3.12.2017 while prosecutrix had made members of her

family take milk mixed with sleeping pills given to her by Manpreet @

Manna. Manpreet @ Manna had taken the complainant outside the house

to field trying to outrage her modesty. Then he had left her there and

Manpreet @ Manna and Gurpreet Singh @ Gopi had gone away while

prosecutrix had returned home. Whereas the part attributed to Jaspreet @

Jassa is that when prosecutrix was taken to Chandigarh by Manpreet @

Manna for the purpose of marriage, then Jaspreet @ Jassa was

accompanied them. The guilt of the accused shall be determined during

the trial, the conclusion of which is likely to take some time.

Under the circumstances, I find it proper and appropriate if

concession of regular bail is granted to the petitioners.

Accordingly, the petitions are allowed. The petitioners are

ordered to be released on bail during the pendency of the trial, subject to

their furnishing bail bonds and surety bonds to the satisfaction of the trial

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Court/Chief Judicial Magistrate, Sirsa, on following conditions:

(i) that they shall appear in the Court on each and every

date of hearing;

(ii)that they shall not give any threat or intimidation to the

prosecution witnesses; and

(iii)that they shall not leave India without prior permission

of the Court.

In addition to that the trial Court may impose any term and

condition found suitable to ensure that the petitioners do not abscond and

interfere in the trial.

The petitioners-accused are also directed to surrender their

passports if they have got ones otherwise to furnish affidavits in that

regard. In case the petitioners violate any term and condition on which

the bail has been granted to them, the prosecution would be entitled to

apply for cancellation of bail.

It is made clear that if the petitioners are found to be involved

in any criminal act at any stage after being released on bail, the order

granting them bail would be liable to be withdrawn.

The petitions stand allowed accordingly.

16.8.2018 (H.S. MADAAN)
Brij JUDGE

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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