Brij Lal vs State of Himachal Pradesh

The present bail application is maintained by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail in case FIR No. 20/2017, dated 27.03.2017, under Sections 363, 366-A, 342, 323 read with Section 120-B of the Indian Penal Code, registered at Police Station Nirmand, District Kullu, H.P.

As per the petitioner, he is innocent and has been falsely implicated in this case. Further he belongs to a respectable family and has not committed any offence whatsoever.

Today again Police report has been filed wherein it is averred that no recovery is to be affected from the accused. As per the prosecution story, on 9th March, 2017, Babita visited her aunt''s house at village Deem, on the same day her cousin sister, Kiran also came there and their relatives, in order to solemnize their marriage, shown them a photograph, which was received through Whatsapp. After seeing the photograph, Babita refused to marry, whereas Kiran has agreed to marry. Thereafter, a boy, namely Ritesh alias Rinku, who was familiar to Kiran alongwith one women, Simra Devi and three other persons came there in a car and her aunt and uncle forced Babita to marry Ritesh alias Rinku, who was came to marry Kiran and, thereafter, Kiran alongwith Babita were taken to Mandi. On the next day, Ram Singh and his wife, without the consent of Kiran, forcibly solemnized her marriage with Ritesh alias Rinku at Didnu village. Similarly, on the next day, the marriage of Babita was also solemnized by Som Nath with one Brij Lal, R/o village Kotla without her consent. After some days, Kiran alongwith her husband visited her sister''s house at Kotla, from where she has not returned back for 3-4 days. Her her mother-in-law alongwith other women came there and used filthy language and gave beatings to her and forcibly took away her to village Didnu, where her husband had also given her beatings and locked her in a room. Thereafter, on the basis of information given by some neighborer, Police reached there and lodged FIR No. 20/2017, dated 27.03.2017, under Sections 363, 366-A, 342, 323 read with Section 120-B of the Indian Penal Code.

Heard. Taking into consideration the fact which has come on record and the manner in which offence alleged to have been committed, as well as the fact that the petitioner is joining and cooperating in the investigation, not in a position to flee from justice and also not in a position to tamper with the prosecution evidence. The interest of justice demands that judicial discretion to admit the petitioner on bail is required to be exercised in favour of the petitioner. So, it is ordered that in the event of his arrest in this case, the petitioner be released on bail, on furnishing personal bond to the sum of Rs. 10,000/- (rupees ten thousand) with one surety in the like amount to the satisfaction of Investigating Officer. The bail is granted subject to the following conditions: i. That the petitioner will join investigation of case as and when called for by the Investigating Officer in accordance with law.

ii. That the petitioner will not leave India without prior permission of the Court.

iii. That the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Investigating Officer or Court.

Accordingly, the petition is disposed of. Copy dasti.