Amlesh Yadav Alias Kamlesh vs State Of H.P

Jyotsna Rewal Dua, J

The petitioner was arrested on 06.09.2021 in FIR No. 199/2021, dated 05.07.2021, registered under Sections 363, 365, 366A, 376, 506 read with Section 34 of Indian Penal Code and Sections 4 and 18 of the Protection of Children from Sexual Offences Act, at Police Station Nalagarh, District Solan, H.P.

In the instant petition, the petitioner has prayed for regular bail and in the alternative release on interim bail has been sought for. During hearing of the case, learned counsel for the petitioner submitted that he is under instructions to confine the prayer for release of the petitioner only on interim bail. Learned counsel for the parties have accordingly been heard.

Prayer for interim bail has been made on the ground that father of the petitioner died on 18.06.2023 after brief illness; petitioner is the eldest son of his parents; he could not perform even the last rites of his deceased father at the relevant time. He now wants to support his family in these circumstances.

On notice of the application, the respondents-State has filed the status report. Death of Sh. Shiv Narayan Yadav, father of the petitioner, on 18.06.2023 has been verified by the respondents. As per status report, the respondents have also confirmed this fact from the Pradhan of concerned Gram Panchayat Kusaha, Police Station Triveni Ganj, District Sapaul, Bihar.

Though the petitioner is facing serious allegations in the FIR in question, nonetheless fact remains that he lost his father recently on 18.06.2023. The respondents-State has also verified this fact. The petitioner is stated to be the eldest son of deceased Sh. Shiv Narayan Yadav. The record shows that statement of prosecutrix has already been recorded in the learned Trial Court on 16.03.2022. The trial is presently stated to be underway for recording the statements of remaining prosecution witnesses.

Considering the fact that the petitioner has lost his father on 18.06.2023 and despite being the eldest son, could not perform his last rites, he has made out a case for interim bail at this stage for rendering support to his grief stricken family in the given facts and circumstances. Accordingly, the present petition is allowed. The petitioner is ordered to be released on interim bail in the above mentioned FIR for fourteen days, subject to his furnishing personal bond in the sum of Rs.2,00,000/- with two local sureties each in the like amount to the satisfaction of the Jail Superintendent concerned. Petitioner shall surrender before the concerned Jail Authorities on 03.08.2023 by 4:00 P.M. The bail is being granted subject to the following conditions: -

(i). The petitioner shall not tamper with the evidence in any manner whatsoever. Petitioner shall not induce or threaten prosecution witnesses in any manner.

(ii). The petitioner will not leave India without prior permission of the Court.

(iii). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer, complainant or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer, before proceeding on interim bail.

(iv). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail. Any change in the same shall also be communicated promptly. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any, to the Station House Officer.

(v). Petitioner shall surrender himself before the concerned jail authorities on 03.08 .2023 by 4:00 P.M.

It is clarified that the interim bail is being granted in the projected facts of the case and will have no bearing on the merits of the matter.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.