Dheeraj vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure, for grant of bail in case

FIR No. 147/2020, dated 25.12.2020, under Sections 342, 376 and 506 of IPC, registered at Police Station Fatehpur, District Kangra, H.P.

As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is permanent

resident of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful

purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

Police report stands filed. As per the prosecution story, on 25.12.2020, the prosecutrix (name withheld) made a written complaint against the

accused, alleging therein that on 24.12.2020, at about 5:30 p.m., the accused saw her in Fatehpur market and made a telephonic call on her mobile and

the accused asked her to meet him for five minutes. Since the accused was known to prosecutrix, she went to meet him at Fatehpur Bus Stand,

where accused offered her lift in his car. When the car was crossing the Fatehpur Bridge, the accused stopped his car and offered water to the

prosecutrix and forced her to drink the same. After drinking water, the prosecutrix became unconscious and accused told her that he made a video of

her and he will upload the same on facebook. On that pretext, the accused took the prosecutrix to some unknown place, threatened her and committed

wrong act with her and around 2:30 a.m. (midnight), dropped her to her house. On the basis of aforesaid allegations, FIR No. 147/2020, dated

25.12.2020, under Sections 342, 376 and 506 of IPC, came to be registered against the petitioner. Lastly, it is prayed that the bail application of the

petitioner be dismissed, as the petitioner was found involved in a heinous crime and there is possibility that in case, at this stage, he is enlarged on bail,

he may tamper with the prosecution evidence and also flee from justice.

I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the

police report(s), carefully.

Mr. N.K. Thakur, learned Senior Counsel, assisted by Mr. Divya Raj Singh, learned Counsel, has argued that the petitioner and prosecutrix were

known to each other and only at the instance of the parents of the prosecutrix he has been implicated in this case. He has further argued that the

petitioner is permanent resident of District Kangra and neither in a position to tamper with the prosecution evidence nor in a position to flee from

justice and no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period. He has argued that keeping in view the

material, which has come on record, and also the age of the petitioner and that of the prosecutrix, the bail application be allowed. Conversely, the

learned Additional Advocate General has argued that the petitioner was found involved in a heinous offence, so at this stage, in case he is enlarged on

bail, he may tamper with the prosecution evidence and may also flee from justice. He has prayed that the bail application of the petitioner be

dismissed.

At this stage, considering the age of the petitioner and that of the prosecutrix, the manner in which the offence is alleged to have occurred, the fact

that the petitioner is behind the bars from approximately five months, the fact that the petitioner is permanent resident of District Kangra and neither in

a position to tamper with the prosecution evidence nor in a position to flee from justice, the petitioner is ready and willing to abide by the conditions of

bail, if so granted. So considering the overall facts, which have come on record, and without discussing them at this stage and also the fact that the

petitioner cannot be kept behind the bars for an unlimited period, this Court finds that the present is a fit case where the judicial discretion to admit the

petitioner on bail is required to be exercised in his favour. Accordingly, the present petition is allowed and it is ordered that the petitioner, who has

been arrested by the police, in case FIR No. 147/2020, dated 25.12.2020, under Sections 342, 376 and 506 of IPC, registered at Police Station

Fatehpur, District Kangra, H.P., shall be released on bail forthwith, in this case, subject to his furnishing personal bond in the sum of `20,000/Â (rupees

twenty thousand) with one surety in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following

conditions:

(i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required.

(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.

In view of the above, the petition is disposed of.

Copy dasti.