Lekh Raj vs State Of H.P

Satyen Vaidya, J

Petitioner is accused in case FIR No. 7 of 2022 dated 17.1.2021 registered at Police Station, Rohru, District Shimla, H.P. under Sections 452, 354

(A), 354(B), 504 and 506 of the Indian Penal Code.

Petitioner has approached this Court for grant of bail under Section 438 Cr.P.C. on the grounds that the complainant is having inimical relations

towards petitioner and the case has been registered against him as a result of vendetta. As per petitioner, he has committed no offence. It is further

submitted on behalf of the petitioner that he is ready and willing to join the investigation as and when required. In case of his release on bail, he will not

tamper with the prosecution evidence. He has further undertaken to abide by the conditions as may be imposed and not to cause any inducement,

threat or promise to any persons acquainted with the facts of the case.

In response, status report has been filed. It is stated that on 17.01.2022, the complainant submitted a written complaint at Police Station, Rohru

alleging inter-alia that on 15.01.2022, petitioner entered the house of complainant and misbehaved and abused her. As per complainant, petitioner also

tried to out-rage her modesty. The complainant also alleged enmity with the family of the petitioner. On appearance of husband of complainant at the

scene, he was also threatened by the petitioner besides engaging him into altercation. The case was registered under Sections 452, 354(A), 354(B),

504 and 506 IPC. Preliminary investigation has been conducted. It has been stated that petitioner is very clever and quarrelsome person and in case of

his release on bail, he can again harsh the complainant and can also influence the investigation by threatening the witnesses.

I have heard learned counsel for the petitioner and learned Additional Advocate General for the respondent-State and have also gone through the

record carefully.

The investigation qua the petitioner is almost complete. Petitioner is not stated to be required for Custodial interrogation. The allegations against the

petitioner are yet to be proved. The enmity between both the sides is always a double edged weapon. The implication of the petitioner in the offence is

to be proved in accordance with law. The trial against the petitioner is likely to take considerable time before completion.

Petitioner is permanent resident of Village Sidhroti, P.O. Lowerkoti, Tehsil Rohru, District Shimla, H.P and there is no likelihood of his absconding

from the course of justice. Pre-trial incarceration cannot be ordered as a matter of rule. In the given fact and circumstances of the case, no fruitful

purpose shall be served by keeping the petitioner in custody for indefinite period of time.

It is not the case of the respondent that petitioner has not co-operated in the investigation. The apprehensions expressed by the respondent, as

noticed above, can be taken care of by imposing appropriate conditions against the petitioner. The apprehension that petitioner may overawe the

prosecution witnesses does not appear to be justified in the given facts and circumstances of the case, since, as per case of complainant only she and

her husband were present on the spot at the time of commission of offence.

There is no explanation that why complainant did not report the alleged crime to anyone for two days. Nothing has been brought on record to show

that on previous occasions also, any compliant of similar nature was made against the petitioner. Further, no criminal history has been attributed to the

petitioner save and except bald assertion that petitioner is a clever and quarrelsome person.

In the given facts and circumstances of the case, the petition is allowed. In the event of the arrest of petitioner in connection with case FIR No. 7

of 2022 dated 17.1.2021 registered at Police Station, Rohru, District Shimla, H.P. under Sections 452, 354 (A), 354(B), 504 and 506 of the Indian

Penal Code, he shall be released on bail, subject to his furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to the

satisfaction of Arresting Officer. This order shall be subject to the following conditions:-

i) That the petitioner shall make himself available for investigation as and when required.

ii) That the petitioner 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/her from disclosing such facts to the Court or to any police officer;

iii) That the petitioner shall not leave India without the prior permission of the Court.

iv) In case of violation of any of the conditions of this order, the bail granted to the petitioner shall be liable for cancellation.

Any observations 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 observations made herein above.