Chamel Singh vs State Of H.P

Vivek Singh Thakur, J

Present petition has been filed under Section 439 Cr.P C. seeking bail in case FIR No. 10 of 2019 dated 20.12.2019 registered at Women Police

Station Dharamshala, District Kangra, under Sections 363, 376 and 370 IPC and Sections 06 and 17 of POCSO Act.

Fresh status report stands filed wherein it is stated that father of victim had submitted an application for registration of FIR in Women Police Station

Dharamshala, District Kangra with averments that his minor daughter, whose missing report was lodged in Police Station Kangra a few months ago,

had come back to house along with a girl child and she had disclosed that she was taken away by petitioner Chamel Singh and for developing physical

relations by him with her, she has begotten a female child and his daughter had delivered the child in a private hospital Kundu instead of Government

hospital with further statement that his daughter is not in good health and she has been complaining that petitioner used to beat her. On the basis of

complaint received from father of victim, FIR No. 10 of 2019 dated 20.12.2019 has been registered under Sections 363, 376 and 370 IPC and Sections

6 and 17 of POCSO Act in Women Police Station Dharamshala. During investigation, petitioner has been arrested on 21.12.2019 and since then, after

remaining in police custody, he is in judicial custody.

3 On last date of hearing, it was alleged by petitioner that even after lodging of FIR, victim has been residing with her in-laws in village Dhati

Baljayana and she is living as wife of petitioner and petitioner has solemnized marriage with her and therefore, no offence, as alleged, is made out

against the petitioner.

4 To verify the facts, learned Deputy Advocate General was directed to have a report from Investigating Officer. Investigating Officer is present in

person. She has submitted that as per her information, victim is residing with family of petitioner, but now-a-days, she has come to her parents to

celebrate the function of Rakshbandhan and on inquiry, victim has expressed not only the willingness but also desire to live with petitioner as she has

accepted him as her husband and she would be returning to her in-laws within a short period.

5 Learned counsel for petitioner has also placed on record certificate issued by Anganwadi Worker Radha Devi, Baljayada, Circle Lagdron, Block

Dehra whereby she has verified that victim had received the nutrients from Anganwadi Baljayada since July to December.

6 Along with status report, produced on previous date, statement of victim, recorded under Section 164 Cr.P C., has also been placed on record,

wherein she has admitted the fact of residing with petitioner and has stated that she was taken to house of Chamel Singh and thereafter, she

accompanied Chamel Singh to house of maternal uncle of Chamel Singh and started living there and thereafter, she had come to maternal home on

occasion of Rakshabandhan and had returned and further that when there was pregnancy of 9 months, the petitioner had left her in her parents house

with mother and on that day, she delivered a child at Jwalaji and she has also stated that daughter belongs to her and Chamel Singh. She has not

uttered anything else.

7 Learned Investigating Officer has further informed that even father of victim has also expressed his inability to look after the victim along with her

female child and has desired that it would be better if his daughter resides with her husband.

8 Considering the entire facts and circumstances of the case and keeping in view the status report as well as submissions made herein-above, I find

that it is an appropriate case for enlarging the petitioner on bail at this stage as no fruitful purpose is going to serve by keeping the petitioner behind the

bars during pendency of trial particularly keeping in view the interest of his family, which also includes the victim. Therefore, petitioner is ordered to be

enlarged on bail, subject to his furnishing personal bond in the sum of Rs.30,000/- with one surety in the like amount to the satisfaction of the learned

trial Court within one week from today, subject to the following conditions:-

(i) That the petitioner shall make himself available before Investigating Officer as well as the trial Court on each and every date as and when required;

(ii) That the petitioner shall 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 from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or

influence or intimidate the prosecution witnesses;

(ii) That he shall not obstruct the smooth progress of the investigation as well as trial;

(iii) That he shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in

advance, to concerned Police Station.

(v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is

suspected.

(vi) That petitioner shall not misuse his liberty in any manner.

It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and

circumstances of the case and in the interest of justice. It will also open to the trial Court to impose any other or further condition on the petitioner as it

may deem necessary in the interest of justice.

In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may

approach the competent Court of law for cancellation of bail in accordance with law.

Petition stands disposed of. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the

disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973.

Dasti copy on usual terms.