Ganga Devi vs State Of Himachal Pradesh

Ajay Mohan Goel, J

Petitioner in this case has approached the Court for the purpose of grant of anticipatory bail, in FIR No. 06 of 2021, dated 18.01.2021, under Sections 363, 366, 376, 120-B, 107 of the Indian Penal Code and Section 06 of the Protection of Children from Sexual Offences Act, registered at Police Station Gohar, District Mandi, H.P.

Learned counsel for the petitioner submits that petitioner has post grant of anticipatory bail duly joined the investigation.

Learned Additional Advocate General, on instructions, submits that the petitioner has duly joined the investigation and as of now no recovery etc. is to be effected from her.

Taking into consideration these facts, this petition is allowed and order dated 23.02.2021, passed in FIR No. 06 of 2021, dated 18.01.2021, under Sections 363, 366, 376, 120-B, 107 of the Indian Penal Code and Section 06 of the Protection of Children from Sexual Offences Act, registered at Police Station Gohar, District Mandi, H.P., is made absolute, subject to the following conditions:-

i) Petitioner shall furnish personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of learned Trial Court, within a period of two weeks from today.

ii) She shall make herself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

iii) She shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

iv) She shall not 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 Court or the Police Officer; and

v) She shall not leave the territory of India without prior permission of the Court.

It is clarified that the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during the trial of the case. It is further clarified that in case the petitioner does not complies with the conditions which have been imposed upon her while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the above terms. Copy dasti.