Hitesh Sublaik vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Notice. Mr. Ashwani Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent.

FIR No. 44/2019 was registered against the petitioner on 16.05.2019 at Police Station Kotkhai, District Shimla, H.P. under Section 376 of the Indian Penal Code and Sections 4 & 6 of the Protection of Children from Sexual Offences (POCSO) Act. By means of present petition preferred under Section 439 of the Code of Criminal Procedure, petitioner has prayed for an interim bail for a period of two weeks i.e. from 23.11.2021 to 07.12.2021.

It has been submitted in the petition that petitioner's nephew ('bhanja'), who is resident of village Bareon, Post Office Panog, Tehsil Kothkhai, District Shimla, H.P. is getting married. As per the wedding card appended with the petition, the marriage ceremonies are to be performed w.e.f. 26.11.2021 to 30.11.2021. It has been further submitted that being the maternal uncle ('mama') of the groom, the petitioner has to perform various ceremonies in the marriage.

Upon instructions, learned Additional Advocate General has submitted that the petitioner was arrested in the above-mentioned FIR on 17.05.2019 and is currently in judicial custody at Model Central Jail, Kanda, District Shimla. He further submitted that the conduct and behaviour of the petitioner in jail has remained good and satisfactory.

In the bail petition, the petitioner has undertaken not to misuse the liberty in case of grant of interim bail by the Court. Learned counsel for the petitioner has also submitted that the petitioner will abide by all the terms and conditions, which may be imposed upon him in case of grant of interim bail and that he will not influence the prosecution witnesses or tamper with the prosecution evidence in any manner.

In view of the fact that the petitioner is behind the bars w.e.f. 17.05.2019 and that his conduct and behaviour has remained good in jail, therefore, it will be appropriate to allow him interim bail w.e.f. 23.11.2021 for a period of one week with outer limit to surrender by 4.00 P.M on 1.12.2021 for attending the marriage of his nephew scheduled during this period. Accordingly, the instant petition is allowed. The petitioner is ordered to be released on interim bail in the aforesaid FIR on 23.11.2021 on his furnishing personal bond in the sum of Rs.2,00,000/- with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction over the Police Station concerned, subject to the following conditions:-

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

(ii). 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;

(iii). Petitioner will not leave India.

(iv). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail. Any change in the same shall also be communicated promptly. Petitioner shall furnish details of his Aadhar Card, Telephone Number, Mobile number, E-mail address, PAN Card, Bank Account Number, if any, to the Station House Officer.

(v) The petitioner shall report at Police Station Kotkhai during the aforesaid period of interim bail everyday at 10 A.M. Since the petitioner has to attend the wedding ceremonies at Haldwani, Uttrakhand on 28.11.2021 (as per the wedding card), therefore, he is exempted from reporting at Police Station Kotkhai on 28.11.2021. Petitioner shall surrender himself before the concerned jail authorities by 4.00 P.M. on 1.12.2021.

It is clarified that the interim bail is being granted in the projected facts of the case and will have no bearing on the merits of the matter.

The petition stands disposed of in the above terms, so also the pending miscellaneous applications, if any Copy dasti.