Deepak vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The petitioner is in custody w.e.f. 14.09.2021 in relation to FIR No.102/2021 dated 13.09.2021, registered under Sections 376 and 506 of the Indian Penal Code at Police Station Damtal, District Kangra, H.P. Petitioner's previous bail application under Section 439 of the Code of Criminal Procedure has been dismissed by the learned Additional Sessions Judge-I, Kangra at Dharamshala. By means of this petition, petitioner seeks his enlargement on regular bail.

Heard learned counsel for the parties and gone through the status report filed by the respondent-State.

The prosecution case in brief is that FIR in question was registered on the basis of statement of the prosecutrix recorded under Section 154 Cr.PC. The prosecutrix stated therein that her marriage was solemnized three years ago with one Pawan Masih, resident of village Tibber, Tehsil and District Gurdaspur Punjab. The couple has a son aged around 1½ years. That after one month of birth of her child, the prosecutrix started living in her parental home alongwith her child at New Basti Dhangu Peer, District Kangra. Ever since, she has been residing in her parental home. Her father and brother are employed in foreign country. That the husband of the prosecutrix still resides at village Tibber (Gurdaspur) Punjab and has visited the prosexutrix in district Kangra only twice or thrice. That the bail petitioner instigated the prosecutrix to get divorce from her husband and further promised to marry her. Under pretext of fake promise to marry the prosecutrix, the bail petitioner established physical relations with her many times. That she tried to dissuade the petitioner from sexually exploiting her on the ground that she was a married lady and had not yet been divorced from her husband. However, the petitioner forcefully ravished her without her consent. The prosecutrix complained that subsequently the petitioner refused to marry her and intends to marry someone else. All these details also came to the knowledge of her in-laws and her husband. Resultantly, her relations with her husband are now spoiled.

On the basis of the above statement, the FIR in question was registered and the petitioner was arrested on 14.09.2021.

Learned counsel for the petitioner submitted that the petitioner has been falsely roped with the offences alleged against him. Learned counsel further submitted that the allegations levelled by the prosecutrix in respect to relationship, if any, between the petitioner and the prosecutrix in the facts and circumstances had to be construed as consensual. That the petitioner is in custody for more than 80 days. The investigation in the matter is almost complete. No fruitful purpose would be served by keeping the bail petitioner behind the bars. That the petitioner will abide by all the conditions, which may be imposed upon him in case of grant of bail and that he will not influence the prosecution witnesses or tamper with the prosecution evidence in any manner.

Learned Deputy Advocate General opposed the bail petition by submitting that the petitioner has allegedly committed a serious and heinous crime upon the prosecutrix. He further submitted that in case the Court is inclined to grant bail to the petitioner, then stringent conditions may be imposed upon him.

The prosecutrix is aged 22 years. She is married with a child. As per her allegations, she had been residing in her parental home after one month of birth of her child, who is stated to around 1½ years old. Prosecutrix is living separately from her husband for more than a year. The prosecutrix, is a mature lady, fully capable of comprehending the consequences of overt acts alleged against the bail petitioner. She was married at the time when friendship between her and the bail petitioner allegedly started. Further reference to the record is being avoided at this stage lest it causes prejudice to the case of either party.

In view of the nature of accusations, the mode and manner of commission of alleged offences, coupled with the fact that the petitioner is behind the bars w.e.f. 14.09.2021, in my considered view, no fruitful purpose would be served by keeping the bail petitioner in custody any further. Investigation in the matter is stated to be almost complete. Challan has already been filed on 12.11.2021. Petitioner has no criminal antecedents. He is permanent resident of ward No.2, New Basti Dhangu Peer, Beli Mahanta, Tehsil Indora, District Kangra, H.P. therefore, his presence can be secured in the trial. This bail application is accordingly allowed. Bail petitioner is ordered to be released in the above mentioned FIR, subject to his furnishing personal bond in the sum of Rs.50,000/- with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:-

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii). Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever;

(iii). Petitioner will not leave India without prior permission of the Court;

(iv). 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 or to the complainant and her family members to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v). In case of launching of prosecutor, the petitioner shall attend the trial on every hearing, unless exempted in accordance with law;

(vi). 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 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 main matter without being influenced by the above observations.

Copy dasti.