Ajay Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The petitioner is accused of offence under Section 376 of Indian Penal Code in FIR No. 47/2020, registered at Women Police Station, Baddi on

3.11.2020. He is in custody since 4.12.2020 and by means of present petition prays for his enlargement on regular bail.

Heard learned Counsel for the parties and gone through the status report.

The FIR was originally registered on 29.10.2020 (Zero-FIR No. 1/2020) at North West District Police Station, Delhi. The FIR was registered on

the basis of a complaint lodged by the prosecutrix, the gist of which was that she was resident of Patiala and had studied up to 10th class. She was on

friendly terms with the petitioner who belonged to her village. The petitioner was statedly employed as Bar Manager at Mohali and resided therein in a

rented accommodation. He called the prosecutrix on 18.9.2020 for solemnizing marriage with her. On this promise, the petitioner without informing her

family members, left her home and went to Mohali to be with the petitioner. Petitioner did not solemnize marriage with the prosecutrix. Despite this,

the prosecutrix at his insistence accompanied him to Baddi, Himachal Pradesh where they stayed for few days. The petitioner statedly established

physical relations with the prosecutrix in a hotel at Baddi under lure of false promise to marry her. On 19.10.2020, the family members of the

prosecutrix alongwith panchayat members came to Baddi. The panchayat did not permit the couple to live together on the ground that they belonged to

the same village. Subsequently, the family members of the prosecutrix also refused to solemnize marriage between the two. Petitioner also refused to

marry the prosecutrix. In view of aforesaid allegations, the FIR was registered, initially on 29.10.2020 in Delhi and on 3.11.2020 at Women Police

Station, Baddi. During the course of investigation, petitioner was arrested on 4.12.2020 and since then he is behind bars.

A previous bail petition filed by the petitioner has been dismissed by learned Additional Sessions Judge, Nalagarh, District Solan on the ground that

prosecution evidence was yet to be recorded in the case.

Learned counsel for the petitioner submits that petitioner is not guilty of the offence and has been falsely implicated with the alleged offence.

Learned Additional Advocate General has opposed the grant of bail in view of gravity of the offences alleged against the petitioner.

The bare minimum observations which can be elicited from the status report for the purpose of adjudication of instant bail petition are that

prosecutrix is aged 24 years, she was on friendly terms with the petitioner. She had gone to Mohali on 18.9.2020 statedly under a promise to marry

allegedly extended by the petitioner. Despite the fact that the petitioner did not solemnize marriage with her on 18.9.2020 at Mohali, she accompanied

him to Baddi. As per the status report, her own family members alongwith Panchayat had come to Baddi on 19.10.2020. The Panchayat did not allow

the couple to remain together as they belonged to the same village. These are all the allegations levelled by the prosecutrix in her complaint itself.

Without going any further, lest it causes prejudice to the case of the parties, in view of the nature of the allegations levelled against the petitioner,

considering the manner in which offence of rape is alleged to have been committed by him, no fruitful purpose will be served in the facts and

circumstances of the case by keeping the petitioner behind bar at this stage. At this stage, the petitioner cannot be said to be guilty of offence alleged

against him. Whether he extended false promise to marry the prosecutrix or not is yet to be proved. As per the status report, investigation in the case

is complete. The main challan stands presented, however, supplementary challan regarding DNA profiling is yet to be filed. No criminal antecedent of

the petitioner has been indicated in the status report. Therefore, the present bail petition is allowed. Petitioner is ordered to be released on bail on his

furnishing personal bond of Rs. 50,000/-with one local surety in the like amount to the satisfaction of learned trial Court having jurisdiction over the

concerned Police Station, subject to the following conditions:

(i) The petitioner shall join the investigation of the case as and when called for by the Investigating Officer in accordance with law and shall cooperate

with the Investigating Agency.

(ii) The petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever:

(iii) The petitioner shall not contact the complainant party, threaten or browbeat her or to use any pressure tactics in any manner whatsoever.

(iv) The petitioner shall not leave India without prior permission of the Court.

(v) The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with

the facts of the case to dissuade him from disclosing such facts to the Court or any Police Officer;

(vi) The petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vii) The petitioner shall inform the Station House Officer of the concerned Police Station about his place of residence during bail and trial. Any

change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish furnish details of his Aadhar Card, Telephone

Number, E-mail, PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of

the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an

opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy Dasti.