Lucky Thakur vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner, aged 30 years, is a married man with three minor daughters and serving in Armed Forces. He is accused of offences under Sections 376,

511, 452 and 506 of Indian Penal Code in FIR No. 261 of 2020 registered against him on 4.10.2020 at Police Station, Sadar, District Mandi. He is in

custody w.e.f. 5.10.2020 and through instant petition seeks his release on regular bail.

The FIR was registered on the basis of a complaint preferred by the victim alleging that on 4.10.2020, the petitioner visited her at around 4:30 P.M.

while she was alone in her home. Petitioner is real nephew of her husband (his sister’s son). Victim is aged around 26 years. The petitioner

statedly visited victim’s house at the behest of his mother regarding cutting of grass. On coming to know that victim was alone in her house, the

petitioner allegedly tried to take advantage of the situation. He entered victim’s room, made her to lie down on the bed, held her hands tightly,

muffled her cries by putting his hands on her mouth and half opened her ‘pajama’ (lower). Petitioner allegedly touched her private parts and

kissed her on face. It was only when the victim managed to bite the petitioner’s hand that he released her and went away from the spot after

threatening her not to disclose the incident to anyone else.

Learned Counsel for the petitioner raised the plea of innocence and false implication of the petitioner. He submitted that the petitioner was against

the marriage of his ‘Mama’ with the victim and used to taunt them about not being able to have children even after about 7 to 8 years of their

marriage. The FIR, he asserted is the result of an undercurrent acrimony between the victim and the petitioner. He further submitted that petitioner is

behind the bars for past about three months. Nothing is to be recovered from him. Police challan under Section 173(2) of the Code of Criminal

Procedure stands already presented by the Investigating Agency on 7.11.2020 before the Court of competent jurisdiction. Petitioner is serving in

Armed Forces. There is neither any likelihood of his absconding nor he will jump over the bail or violate any of the conditions, which may be imposed

upon him in case of his release on bail.

Opposing the bail plea, learned Additional Advocate General submitted that victim has made direct and serious allegations against the petitioner.

Therefore, he does not deserves to be enlarged on bail.

The status report has laid much emphasis on report of Regional Forensic Science Laboratory, Mandi about the detection of human semen in exhibit-

1 (lower of the victim). However, the fact remains that victim had not complained of rape. She has not even alleged any penetration by the petitioner.

The supplementary status report filed by the respondent indicates existence of some houses near to the house of the victim. There is no specific denial

in the status report that brother-in-law of the victim, who is statedly a mental patient, was not present in the house at the relevant time.

Petitioner has completed around three months in custody. The investigation in the matter has been completed since long and challan stands already

presented before the Court of competent jurisdiction. Petitioner is a local resident of village Banerka, Tehsil Kotli, District Mandi and serving in Armed

Forces. Status report does not indicate any criminal antecedent of the petitioner. The mode and manner of commission of alleged offence as well as

looking into the nature of the allegations levelled against the petitioner and all other relevant aspects, in my view, the petitioner deserves to be enlarged

on bail. Accordingly, instant petition is allowed. Petitioner is ordered to be released on bail on his furnishing personal bond of Rs. 50,000/- with one

local surety in the like amount to the satisfaction of learned trial Court having jurisdiction over the concerned Police Station, 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 temper with the evidence or hamper the investigation in any manner whatsoever:

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

(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 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) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi) 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 any of the above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.