Mahesh Kumar vs State Of Himachal Pradesh

Satyen Vaidya, J

The petitioner is an accused in case FIR No. 57 of 2022 dated 6.8.2022 under Sections 376, 506 of Indian Penal Code and Sections 3 (2)(v) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station, Renuka Ji, District Sirmour, H.P.

The petitioner has surrendered before this Court on 17.8.2022 and was released on interim bail on the same day. Thereafter, the petitioner joined the investigation.

The allegation against the petitioner is that he sexually exploited the prosecutrix under a false promise to marry. Petitioner suppressed the fact that he was already married and developed relation with the prosecutrix. It is further alleged that petitioner and his wife posted indecent photographs/pictures of the prosecutrix on her own facebook ID by hacking the same.

Petitioner has prayed for grant of bail on the grounds that a false case has been registered against him. As per petitioner, there is enmity between the families of petitioner and that of the prosecutrix. It is submitted that the petitioner is respectable person and has no criminal background. Petitioner has undertaken to abide by all the conditions as may be imposed against him.

Status report filed by the respondent reveals that the preliminary investigation is complete. It is stated that till date no evidence has been found against the petitioner or his wife regarding the allegation of hacking the facebook ID of prosecutrix and posting of indecent photographs on such ID. It is further submitted that the petitioner is avoiding to hand over his old Mobile Phone to the police, which can provide credible evidence in support of the prosecution case.

During the course of hearing, it has been submitted by the learned counsel for the petitioner that the phone as required by police has been handed over by the petitioner and this fact was not denied by the respondent.

I have heard learned counsel for the parties and have also gone through the case file carefully.

It is revealed from the status report that as per her own version, the prosecutrix had resided with the petitioner for about one year at Solan. Prosecutrix is about 22 years of age. The allegations with respect to sexual exploitation of prosecutrix on the false promise of marriage are yet to be proved. The case was registered on 6.8.2022. The police has not been able to get any evidence regarding allegations of posting of indecent photographs of facebook ID of the prosecutrix.

The bail application has been opposed on the ground that the offence is serious in nature and in case the petitioner is released on bail, he can overawe the prosecutrix and other witnesses. Mere apprehension of possibility of influencing the prosecution witnesses cannot be the sole ground to deny liberty of bail to the petitioner. There has to be some tangible material in order to support such apprehension. Even otherwise such apprehension can be taken care of by imposing appropriate conditions against the bail petitioner.

No justification is shown by respondent for custodial interrogation of the petitioner. As noticed above, both the mobile phones of petitioner have already been taken in possession by the police. No incriminating evidence has been found from the mobile of the wife of the petitioner.

Pre-trial incarceration is not the rule. No fruitful purpose shall be served by allowing the petitioner to be kept in custody. The nature of allegation is such that the police can independently collect the evidence. It is not the case of the respondent that some more recoveries are to be effected from the petitioner. The petitioner is permanent resident of VPO Dadahu, Tehsil Dadahu, District Sirmour, H.P. and there is no apprehension of his fleeing from the course of justice.

In view of peculiar facts and circumstances of the case, petition is allowed and the petitioner is ordered to be released on bail in case FIR No. 57 of 2022 dated 6.8.2022 under Sections 376, 506 of Indian Penal Code and Sections 3 (2)(v) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station, Renuka Ji, District Sirmour, H.P. on his furnishing personal bonds in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the learned Judicial Magistrate, 1st Class at Nahan or any other Judicial Magistrate, 1st Class at Nahan. This order, however, shall be subject to following conditions:-

i) That the petitioner shall make himself available during the entire trial of the case.

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 from disclosing such facts to the Court or to the Police.

iii) That any indulgence of petitioner in similar offence during the continuance of this order shall entail cancellation of the bail granted to the petitioner.

iv) That in case of breach of any of the bail condition by the petitioner it shall entail cancellation of the bail.

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

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.