Harvinder Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The petitioner is accused of establishing physical relations with the prosecutrix by obtaining her consent under false promise to marry her. FIR No.

23/21 dated 1.2.2021 under Sections 376, 417, 504, 506 and 509 of Indian Penal Code was registered in this regard against the petitioner at police

Station Sadar Shimla, District Shimla, Himachal Pradesh. By means of present petition, prayer for enlargement on bail has been made.

Heard learned counsel for the parties.

The prosecution case against the petitioner is that on 3.6.2016 the petitioner along with family of the cousin of the prosecutrix visited the latter’s

house at Shimla. Some talks were held regarding the marriage of two. The petitioner stayed in the home of the prosecutrix for few days during which,

both of them enjoyed each other’s company in different areas of Shimla. The petitioner again visited Shimla in the last week of June, 2016 and

allegedly established physical relations with the prosecutrix in a hotel. This was statedly against the wishes of the prosecutrix and under a promise to

marry her, extended by the petitioner. The situation continued like this for some time. In 2017, the prosecutrix shifted to Patiala i.e the place where the

petitioner also worked. There also, physical relations were maintained by the couple. In 2017 the prosecutrix came to know about the fact that the

petitioner was already married. The petitioner continued to ravish her under the false pretext that a divorce petition filed by him against his wife was

pending adjudication and after the decision of same, he will solemnize marriage with her. Despite repeated requests of the complainant, the petitioner

did not marry her, rather started making excuses to avoid her. It is against this backdrop that the instant FIR was registered on the complaint of the

prosecutrix on 1.2.2021.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed the offences alleged against him. He has joined the

investigation and is cooperating with the investigating agency. Learned counsel further prays for making the interim order dated 5.2.2021 absolute and

submits that the petitioner will abide by all the conditions which may be imposed upon him in case interim order dated 5.2.2021 is made absolute.

Learned Additional Advocate General submits that in case the Court is inclined to confirm the interim protection then the same be made subject to

stringent conditions.

Status report reveals that incidents alleged in the FIR pertain to the years 2016-2018. The prosecutrix allegedly became aware of the marriage of

the petitioner in 2017. Even thereafter she allegedly allowed the petitioner to have physical relations with her. Instant FIR was registered by her only

on 1.2.2021. The prosecutrix is a lady aged 32 years. She has statedly been working in a beauty parlour and appears to be sufficiently mature. Status

report does not reveal any criminal antecedents of the petitioner. The status report also records the fact that the petitioner has joined the investigation

pursuant to order dated 5.2.2021 and is cooperating with the investigating agency. There is no allegation that the petitioner has tempered with the

prosecution evidence or tried to influence the prosecution witnesses. In view of nature of allegations levered against the petitioner the mode and

manner in which the offences are stated to have been committed, custodial interrogation of the petitioner is not required. At this stage, guilt of the

petitioner if any, is yet to be proved. In the facts and circumstances of the case, no purpose will be served by putting the petitioner behind the bars.

Therefore, the instant petition is allowed and the interim protection granted to the petitioner vide order dated 5.2.2021 is made absolute subject to

following conditions:-

(i) The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii) The petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever.

(iii) The petitioner will not leave India without prior permission of the Court.

(iv) The petitioner shall not contact the complainant or her family members or threaten or browbeat them or to use any pressure tactics.

(v) The 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 to dissuade him/her from disclosing such facts to the Court or any Police Officer.

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

(vii) The 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 furnished 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 and 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 matter without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.