Raj eev Pandey alias Shahrukh Beig v. St at e of Ut t arakhand

: Mr. G.C. Joshi, learned H o n ’ b l e A sh i sh N a i t h a n i , J. A.G.A. The present Bail Applicat ion has been m oved by t he applicant - Raj eev Pandey alias Shahrukh Beig, aged about 33 years ( S/ o Sherj aha Beig, R/ o Kanwali Gaon, Basant Vihar, Dehradun) . The applicant j udicial cust ody in connect ion wit h FI R/ Case Crim e No. 210 of 2021, regist ered at Police St at ion Basant Vihar, Dehradun Dist rict Dehradun, under Sect ions 376, 419 and Sect ion 506 of t he I ndian Penal Code, 1860 and under Sect ion 5/ 6 of t he Prot ect ion of Children from Sexual Offences Act , 2012 ( “ POCSO Act ” ) .

2. Heard Mr. Raj at Mit t al, learned counsel for t he applicant and Mr. G.C. Joshi, learned A.G.A. for t he St at e of Ut t arakhand and perused t he record.

3. The FI R was lodged on 26.10.2023 by t he com plainant , alleging t hat her m inor daught er, aged about 13 years, was t aken away by t he co- vict im under t he pret ext of providing som e m oney. I t has been alleged t hat 2 bot h t he m inor vict im s went t o t he house of t he applicant , where t he applicant , Shahruk Beig, allegedly com m it t ed rape upon t he com plainant ’s daught er while t he co- vict im rest rained her.

4. The FI R furt her st at es t hat t he crim e cam e t o light when t he vict im s disclosed t he incident t o t heir fam ily. On t he basis of t he said allegat ions, t he applicant was arrest ed and subsequent ly charge- sheet ed under t he aforem ent ioned provisions of law.

5. Learned counsel for t he applicant subm it s t hat he has been in cust ody since 26.10.2021. Learned counsel for t he applicant has subm it t ed t hat t he applicant has been falsely im plicat ed in t he present case and t hat t he allegat ions levelled against him are not support ed by t he m edical evidence. I t has been cont ended t hat t he m edical exam inat ion of t he vict im does not reveal any signs of sexual assault , as t he hym en of t he vict im was found int act and no ext ernal or int ernal inj uries were not ed on her privat e part s.

6. Furt herm ore, t here is a considerable delay of 10 t o 15 days lodging t he FI R, and no sat isfact ory explanat ion has been provided by t he St at e in t his regard.

7. The learned counsel has furt her point ed out t hat t he vict im 's st at em ent s recorded under Sect ion 164 Cr.P.C. cont ain m at erial cont radict ions when com pared wit h her deposit ion before t he t rial court , raising doubt s about t he St at e's case.

8. The applicant has been in cust ody for m ore t han t hree years, and t here is no likelihood of t he t rial concluding in t he near fut ure. I t has also been subm it t ed t hat t he applicant has no prior crim inal record, is a 3 perm anent resident , and undert akes not t o t am per wit h evidence or influence wit nesses. On t hese grounds, bail has been sought .

9. The learned counsel t he St at e has vehem ent ly opposed t he bail applicat ion, arguing t hat t he allegat ions against t he applicant are serious in nat ure and t hat t he vict im has specifically nam ed and ident ified t he applicant in her st at em ent before t he t rial court .

10. I t has been subm it t ed t hat t he delay in lodging t he FI R was due t o t he vict im ’s t raum a and fear, which is not uncom m on in cases of t his nat ure. The St at e has furt her cont ended t hat t he t rial is st ill ongoing and t hat t here is a possibilit y t hat t he applicant m ay m isuse his libert y t o t am per wit h evidence or int im idat e t he vict im . The learned counsel for t he St at e has, t herefore, prayed for rej ect ion of t he bail applicat ion.

11. Upon hearing t he subm issions of bot h part ies and perusal of t he records, cert ain fact s em erge which require due considerat ion. The m edical exam inat ion of t he vict im does not conclusively est ablish t he occurrence of penet rat ive sexual assault , as t he hym en was found int act and no inj uries were observed, which cast s a doubt upon t he St at e's version of t he incident .

12. The right of an accused t o a fair and speedy t rial is a fundam ent al principle of crim inal j urisprudence, and t he applicant has already undergone a subst ant ial period incarcerat ion wit hout t he cert aint y of an early conclusion of t he t rial. The St at e has not placed any m at erial on record t o subst ant iat e t he claim t hat t he applicant would t am per wit h evidence or influence wit nesses if released on bail. 4

13. I n view of t he fact s and circum st ances of t he case, part icularly t he m edical report , t he cont radict ions in t he vict im 's st at em ent s, and t he prolonged det ent ion of t he applicant , t his Court is of t he opinion t hat t he applicant has m ade out a case for bail.

15. Accordingly, t he bail applicat ion is allowed. The applicant , Shahruk Beig, is direct ed t o be released on bail in Case Crim e No. 210 of 2021 upon furnishing a personal bond wit h t wo suret ies of t he like am ount t o t he sat isfact ion of t he t rial court , subj ect t o t he condit ions t hat he shall not t am per wit h t he evidence or t ry t o influence any wit ness in any m anner; shall not cont act t he vict im or her fam ily direct ly or indirect ly; shall cooperat e t he t rial proceedings wit hout seeking unnecessary adj ournm ent s; shall not leave t he j urisdict ion of t he t rial court wit hout prior perm ission; and shall appear before t he t rial court on all dat es fixed, failing which t he bail shall be liable t o be cancelled. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A SH I SH N A I TH A N I , J. Dt : 26.03.2025 SB SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa0 8b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0 A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA