Kanwar Amardeep Singh vs State Of Himachal Pradesh

Sureshwar Thakur, J

The instant petition, stands instituted by the bail petitioner, under, Section 438 Cr.P.C, wherethrough, he seeks grant of anticipatory bail qua him, given his apprehending his arrest, for his allegedly committing offence punishable, under Section 376 of Indian Penal Code, in case FIR No. 25/18 of 30.10.2018 registered with WPS Una District Una, Himachal Pradesh.

The Investigating Officer SI Suman Sharma, Police Station Woman, Una, is present in Court, and, has made a disclosure before this Court, that, the petitioner has enabled effectuation of recovery of laptop. She further submits that the accused had rendered to her, his fullest cooperation.

Be that as it may, the prosecutrix is a married lady aged about 37 years and is mothering a daughter aged about 6 ½ years, begotten from her marriage with one Mannu Sharma. A perusal of status report, discloses that she had for a continuous period of three months resided, at the home of the accused/bail applicant, and, throughout the afore period she was subjected to repeated sexual intercourse, by the bail applicant, under, pretext(s) of marriage proffered to her, by the bail applicant. The succumbing(s) of the prosecutrix to the sexual overtures, of the bail applicant, under, pretext(s) of marriage proffered, to her by the latter, would hold sway, only upon, the bail applicant after subjecting her to a singular or may be a couple of sexual intercourse, his, thereafter resiling therefrom, (a) and, obviously the effect of rather repeated succumbing(s) of the prosecutrix, under, purported repeated allurement(s), of, marriage meted by the accused to the prosecutrix, (b) begets, a, conclusion that, all the repeated sexual intercourse perpetrated, upon her person, by the bail applicant, being, not under any pretext of or allurement of marriage, proffered to her, by the bail applicant.

Consequently, and, further given the bail applicant, hence, rendering the fullest cooperation to the Investigating Officer, and, also with investigations into the alleged offences, being complete, besides when at this stage, no material stands placed by the prosecution, demonstrating, that in the event of bail being granted to the bail applicant, there being every likelihood of his fleeing from justice or tampering with prosecution evidence, thereupon this Court is, hence, constrained to afford, the facility of bail, in favour of the bail applicant.

Accordingly, the indulgence of bail is granted to the bail applicant, and, the order rendered on 20.11.2018 is confirmed, on, the following conditions:­

That he shall join the investigation, as and when required by the Investigating agency;

That he shall 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 from disclosing such facts to the Court or to the Police;

That he shall not leave India without the previous permission of the Court;

That he shall deposit his passport, if any, with the Police Station, concerned;

That in case of violation of any of the conditions, the bail granted to the petitioner shall be forfeited and he shall be liable to be taken into custody;

That he shall apply for bail afresh when the challan is filed before the trial Court.

In view of above, petition stands disposed of. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.