Dev Raj vs State of Himachal Pradesh

The present bail application has been moved by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 237 of 2017, dated 02.11.2017, under Section 376 of the Indian Penal Code, 1860 (for short "IPC"), registered at Police Station, Sarkaghat, District Mandi, H.P.

As per the learned counsel appearing on behalf of the petitioner, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, thus he may be released on bail.

Police report stands filed. As per the prosecution story, on 2.11.2017, prosecutrix made a complaint against the petitioner alleging therein that on 11.7.2011, at about 11:00 AM, when the prosecutrix was alone at home and her husband was out of station for his work of carpenter, petitioner (accused) came to her house and forcibly committed rape and also threatened her not to disclose this fact to anyone. The petitioner black mailed the prosecutrix that if she will disclose this fact to anyone, then he will open the nude picture of the prosecutrix to the general public. On 13.11.2015, the petitioner again came to the house of prosecutrix in the intoxicated state of mind and started abusing to her husband and asked that your wife is under my control. Thereafter, the prosecutrix alongwith her husband reported the matter to the police. The statements of the witnesses were also recorded. Lastly, the prosecution has prayed that the bail application of the petitioner may be rejected.

I have heard the learned counsel appearing on behalf of the petitioner, learned Additional Advocate General for the State and gone through the record, including the police report, carefully.

The learned counsel appearing on behalf of the petitioner has argued that there is a delay in lodging the FIR and infact, the petitioner is innocent and is joining and co-operating in the investigation, as and when required. He has also argued that by keeping the petitioner behind the bars, no fruitful purpose will be served. He has further argued that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail. On the other hand, the learned Additional Advocate General has argued that taking into consideration the heinousness of the crime, the bail application of the petitioner may be dismissed.

After taking into consideration the facts, which has come on record that the petitioner is joining and co-operating in the investigation and he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as the incidence is of the year 2015 and till date, he has not tampered with the prosecution evidence neither flee from justice and now the petitioner is joining and co-operating in the investigation, this Court finds that the present is a fit case, where the judicial discretion to admit the petitioner on bail, in the event of his arrest, is required to be exercised in his favour. Under these circumstances, it is ordered that the petitioner be released on bail, in the event of his arrest, in case FIR No. 237 of 2017, dated 02.11.2017, under Section 376 of IPC, registered at Police Station, Sarkaghat, District Mandi, H.P., on his furnishing personal bond to the tune of Rs.25,000/- (rupees twenty five thousand only) with one surety in the like amount to the satisfaction of the 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.