Keshav Ram vs State Of H.P

Bipin Chander Negi, J

Status report stands filed. Copy whereof has been supplied to the learned counsel for the petitioner.

Heard learned counsel for the parties.

The present petition has been filed for grant of bail, in FIR No. 10/2024, dated 26.02.2024 under Section 376 of IPC read with Section 4 of POCSO Act, registered at Police Station Sunni, District Shimla, HP.

The victim in the case at hand was born on 14.10.2006. The incident in the case at hand had taken place in the month of December, 2023. Admittedly, on the date of occurrence, the age of the victim was 17 years 01 month and 18 days.

On 17.02.2024, the victim had a pain in her stomach. It is then, that she informed her mother about the occurrence in the month of December, 2023. The mother of the victim had brought her to the hospital at place Dhami. In the hospital, the victim was found to be pregnant and was referred to DDU, Zonal Hospital, Shimla. It is on the statement of the victim that the FIR in the case at hand was registered.

During investigation, it was found that the victim and the bail petitioner had met in the month of May, 2023. Since then they had been in touch with each other telephonically. Both were in love with each other and wanted to marry. In the first week of December, 2023, on a holiday, the bail petitioner had met with the victim near the house of the victim and both had indulged in a sexual act.

The bail petitioner was arrested on 28.02.2024. Till date, the present bail petitioner is in custody. Charges in the case at hand have been framed. The case is now listed for prosecution witnesses.

The offence in the case at hand is grave in nature. However, a perusal of the statement of the victim recorded under Section 164 Cr.P.C on 05.03.2024, categorically reflects that the victim does not want to press charges against the present bail petitioner. The victim has further stated therein that she wants the bail petitioner enlarged on bail and intends to marry the bail petitioner as soon as possible i.e. after attaining the age of majority.

At the time of deciding the bail application, the detailed discussion of evidence so collected and produced by the prosecution is to be avoided as it may cause prejudice either to the case of prosecution or to the case of the bail petitioner.

Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case.

The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative.

The consequence of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family.

The petitioner is stated to be a young man of 24 years of age. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court.

Petitioner is permanent resident of village Malawan, P/o Mangoo, Tehsil Arki, District Solan, HP. The respondent-state has not expressed any apprehension regarding him fleeing from the justice and adversely affecting the trial. In any case, the petitioner can be put to terms for the purposes of safe, secure and unobstructed completion of trial.

In the aforesaid facts and attending circumstances, further custody of the petitioner would definitely be violative of his personal liberty granted to him under Article 21 of the Constitution of India.

In view of the aforesaid, the instant petition is allowed and the petitioner is enlarged on bail in case FIR No. 10/2024, dated 26.02.2024 under Section 376 of IPC read with Section 4 of POCSO Act, registered at Police Station Sunni, District Shimla, HP, subject to his furnishing personal bond in the sum of Rs. 50,000/- with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:-

(i) Petitioner shall 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;

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

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

(iv). 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;

(v). 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, Email, 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.

A copy of this order be sent to the Superintendent, District Jail Kaithu, Shimla, H.P. and the learned trial Court by FASTER.

A downloaded copy of this order shall be accepted by the learned trial Court, while accepting the bail bonds from the petitioner and in case, said court intends to ascertain the veracity of the downloaded copy of order presented to it, same may be ascertained from the official website of this Court.