Inder Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner is accused of committing an unnatural act with a cow in FIR No. 16 of 2021 lodged under Section 377 of Indian Penal Code, registered at

Police Station, Dharampur, District Mandi.

An anticipatory bail petition preferred by the petitioner before learned Additional Sessions Judge-II, Mandi was eventually rejected on 18.2.2021,

hence he has moved instant petition under Section 438 of Code of Criminal Procedure.

The FIR was registered on the basis of a complaint of one Yash Pal Singh, who stated that his elder brother had left their village on 1.2.2021 for

some work after assigning the task of watch and ward of his cow to the complainant. On 3.2.2021 the complainant and his wife went to the cow-shed

at around 7:15 P.M. After opening the door of the cow-shed, they noticed the petitioner indulging in an unnatural act with the cow. On seeing the

complainant and his wife, the petitioner statedly fled from the spot. The complainant thereafter informed his brother about the incident. His brother-

Ramesh Kumar reached his home on 10.2.2021 and called a meeting of ‘Gram Samiti’. In the meeting held on 12.2.2021, the petitioner

allegedly partially admitted his mistake.

As per status report, during investigation, the call detail reports of mobile phones used by petitioner, complainant Yash Pal and his elder brother

Ramesh Kumar were obtained showing exchange of calls between them, more particularly on and around the day of alleged incident. Ramesh Kumar

has allegedly also recorded a telephonic conversation in respect of admission of guilt by the petitioner.

Learned Counsel for the petitioner submitted that petitioner is a respectable person and had remained as Up-Pradhan of the area in question.

During the recently concluded elections to the Panchayati Raj Institutions, he had not supported Shri Ramesh Kumar-elder brother of the complainant

who had contested the elections. The present FIR is only to harass the petitioner on that count. Learned Counsel for the petitioner has also raised the

plea of innocence and false implication of the petitioner. He has further submitted that the petitioner will abide by all the terms and conditions in case

of enlargement on bail.

Learned Deputy Advocate General has opposed the grant of bail by submitting that the petitioner is accused of serious offence. Alternatively, it is

submitted that in case this Court is inclined bail to the petitioner, then the same be made subject to stringent conditions.

Status report does not dispute the fact that pursuant to the interim protection granted by this Court on 22.2.2021, the petitioner has joined the

investigation and is co-operating with the investigating agency in all respects. The petitioner is a married man of 65 years of age having grown up

children. The status report does not indicate any sexual perversity on part of the petitioner. No criminal history of the petitioner has been reflected in

the status report. Rivalry between two groups due to elections cannot be ruled out at this stage. The alleged incident is of 3.2.2021 whereas the FIR in

question was registered on 12.2.2021. The mode and manner of the petitioner’s entering in the locked cow-shed is also not forthcoming at this

stage. There is no allegation in the status report about petitioner’s influencing the prosecution witnesses or evidence. In view of all attending facts

and circumstances, petitioner has made out a case of confirmation of the interim protection granted to him vide order dated 22.2.2021. Accordingly,

the interim protection granted to the petitioner vide order dated 22.2.2021 is confirmed subject to the following conditions:

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully

cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever:

(iii) Petitioner shall not contact the complainant or his family members in any manner whatsoever. Petitioner shall not contact, threaten or intimidate

the victim in any manner whatsoever.

(iv) Petitioner will not leave India without prior permission of the Court.

(v) 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) 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 furnish 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 & 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.