Mohammad Raza vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner seeks regular bail under Section 439 of the Code of Criminal Procedure in FIR No.10/2021, dated 05.02.2021, registered under Sections

376 & 506 of the Indian Penal Code, at Women Police Station Solan, District Solan, H.P.

I have heard learned counsel for the parties and gone through the status report filed by the respondentÂ​State.

3 Petitioner is a married lady aged 48 years. On 05.02.2021, she got recorded her statement under Section 154 Code of Criminal Procedure to the

effect that she had been residing separately in a rented accommodation in district Solan, for past about 20 years. On 16.11.2020, she had availed the

services of the petitioner for painting and white washing her rented accommodation. Thereafter the petitioner came to her home on 15.01.2021, while

she was alone there. Using force, petitioner established physical relations with her against her wish. The prosecutrix also alleged having been

threatened of direÂ​consequences by the petitioner. On the basis of above statement, the aforesaid FIR was registered on 05.02.2021.

During investigation, it came out that the prosecutrix as well as the petitioner were working together in a local school. Prosecutrix was working as a

careÂ​taker for the children, whereas the petitioner was employed there as a painter. They were well acquainted with each other.

Learned Senior counsel for the petitioner argued that the incident was alleged to have occurred on 15.01.2021, whereas the aforesaid FIR was

lodged after 24 days i.e. on 05.02.2021. Learned senior counsel also contended that the case has been falsely thrust upon the petitioner by the

prosecutrix, which is apparent from the fact that to cultivate a reason for filing the complaint on 05.02.2021, the prosecutrix tailored a story of having

been threatened by the petitioner on 01.02.2021 in the school premises. Even thereafter, she did not lodge any complaint whatsoever against the

petitioner. Learned senior counsel further submitted that the petitioner is behind the bars w.e.f. 05.02.2021. Investigation in the case is complete.

Police report under Section 173 Cr.PC stands presented before the Court of competent jurisdiction on 27.03.2021. Learned senior counsel also

contended that the petitioner will abide by all the conditions, which may be imposed upon him in case of grant of bail and that he will neither influence

the prosecution witnesses nor temper with the prosecution evidence in any manner.

Learned Additional Advocate General, while opposing the bail plea of the petitioner submitted that in case the Court is inclined to grant bail to him then

the same be made subject to stringent conditions.

Prosecutrix is a married lady aged 48 years living separately in District Solan for last about 20 years. She has alleged having been raped by the

petitioner on 15.01.2021, whereas FIR was lodged only on 05.02.2021. Status report does not reflect any convincing reason whatsoever, which may

have come out during investigation for delay in lodging of the FIR. As per the status report, petitioner as well as the prosecutrix were employed in the

same school and were well acquainted with each other. Prosecutrix further alleged to having been threatened by the petitioner on 01.02.2021 in the

school premises. However, she has not filed any complaint in that regard on 01.02.2021 or immediately thereafter. Looking to the totality of the facts

and circumstances that have come on record, noticing the mode and manner of commission of alleged offences, and also taking into consideration the

prevailing CovidÂ19 pandemic situation, I am of the considered opinion that no fruitful purpose would be achieved in keeping the bail petitioner in

custody any further. Petitioner has completed more than three months in custody. Investigation in the matter is complete. Challan stands presented

before the Court of competent jurisdiction on 27.03.2021. Petitioner is stated to be an employee in a local school. To secure the presence of the bail

petitioner during trial, stringent conditions are being imposed upon him. This bail application is accordingly allowed. Bail petitioner is ordered to be

released in the above mentioned FIR, subject to his furnishing personal bond in the sum of Rs.50,000/Âwith two local sureties in the like amount to the

satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:Â​

(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;

(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 prosecutor, the 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, EÂmail,

PAN Card, Bank Account Number, if any; &

(vii). In case in future, if the petitioner is found to be involved in any criminal activity then the instant bail is liable to be cancelled at the instance of

investigating agency.

In case of violation of any of the terms & conditions of the bail, respondentÂState 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 main matter without being influenced by the above observations.

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

Copy dasti.