Mohammad Venus vs State Of Himachal Pradesh

Vivek Singh Thakur, J

1 . Petitioner has approached this Court for bail under Section 438 Criminal Procedure Code (in short Cr.P.C.), in case FIR No.5 of 2021, dated 08.02.2021, registered in Police Station Keylong, District Lahaul and Spiti, under Sections 377, 506 and 498-A of the Indian Penal Code (in short 'IPC').

Status report stands filed, wherein it is stated that on the basis of a written complaint submitted by the complainant, i.e. wife of petitioner to Superintendent of Police, Baddi, District Solan, H.P., case has been registered against the petitioner in police Station Keylong, on receiving the said application/ complaint in the Police Station through Superintendent of Police, Baddi on 08.02.2021.

Crux of the complaint is that complainant, for surgery, is not able to deliver a child, which has strained relations between the couple resulting into quarrels between them. Whereupon, complainant had also reported the matter to Women Cell, Mandi, where petitioner had assured not to misbehave with the complainant in future and thereafter complainant had accompanied her husband to Lahaul, where for some time they lived together harmoniously. But after some time, petitioner started consuming liquor and beating complainant and he had committed sodomy with her for number of times and also compelled her to have oral sex. As petitioner was continuously harassing the complainant, therefore, she had come to her parental house, whereupon, petitioner had extended threats for her life for disclosure of aforesaid incident to anyone. Lastly, it is stated in the complaint that to save her life and dignity, complainant has reported the matter to the police.

Statement of the complainant, under Section 164 Cr.P.C., was also recorded before learned Judicial Magistrate 1st Class, Nalagarh, wherein she has added that petitioner was also having extra marital relationship with one married lady of Keylong and she had also talked with her, who had been calling her to Chandigarh with threats. It is also stated in the said statement that on 13th November she had gone to Keylong, but came back on 28th November as her husband was not talking to her and thereafter, she had lodged a complaint at Nalagarh. Learned Magistrate had also asked the reason for not approaching the concerned Court, but approaching the Court at Nalagarh. Whereupon, she had replied that she had to attend the marriage at Nalagarh and, therefore, she had intended to depose in the Court at Nalagarh.

In response, learned counsel for the petitioner has submitted that marital relations between the parties are strained and complainant is asking for huge amount for alimony and maintenance for parting relationship with the petitioner, and to substantiate his submissions, he has placed on record print out of Chat between the parties. According to him, present case has also been lodged for pressurizing the petitioner to pay amount of alimony as desired by the complainant.

It is submitted by learned Deputy Advocate General that investigation in the case is almost complete and challan is being scrutinized by the Public Prosecutor and same is likely to be presented in the Court within a week.

Grant of bail has been opposed, on the ground that in case petitioner is enlarged on bail, he may pressurize the witnesses and also complainant for withdrawing the complaint. So far as apprehension of influencing the witnesses or pressurizing complainant is concerned, Investigating Agency/ police/complainant is always at liberty to take appropriate course in law for cancellation of bail granted to the petitioner, in case he indulges in such activity.

Considering material placed before me but without commenting on merit of the complaint as well as submissions made by learned counsel for the petitioner, I am of the opinion that at this stage, petitioner may be enlarged on bail.

Accordingly, petitioner is enlarged on bail and interim bail granted on 12.02.2021 is confirmed, subject to furnishing personal bond in the sum of `50,000/- with one surety in the like amount, to the satisfaction of the trial Court, within two weeks from today, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioner/accused at the time of trial and also subject to following conditions:-

(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case 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 from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which she is accused or suspected;

(v) that the petitioner shall not misuse his liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that in case petitioner indulge in repetition of similar offence(s) then, his bail shall be liable to be cancelled on taking appropriate steps by prosecution; and

(viii) that the petitioner shall not leave the territory of India without prior permission of the Court.

(ix) that the petitioner shall inform the Police/Court his contact number and shall keep on informing about change in address and contact number, if any, in future.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

Trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.

Observations made in this petition hereinbefore, shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.

Petition is disposed of in aforesaid terms.

Copy dasti.

Petitioner is permitted to produce a copy of this judgment, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist for production of a certified copy.