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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