Neeraj Sharma vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The petitioner is behind the bars since 30.4.2021 in connection with FIR No. 34/2021, dated 30.4.2021, registered under Section 376 of Indian Penal

Code at Women Police Station, Baddi and seeks his enlargement on regular bail.

The case against the petitioner was registered on the basis of a complaint lodged by the prosecutrix on 30.4.2021. She alleged that she came to

Baddi on 3.1.2020 in search of a job. During the month of August 2020 she came in contact with the petitioner. At the false pretext of marrying her,

the petitioner established physical relations with her. Upon her insistence for solemnizing the marriage, the petitioner used to state that though he loves

the prosecutrix, however, marriage can be solemnized only with the consent of his family members, who are not willing for this marriage. It was

further complained by the prosecutrix that the petitioner thereafter got engaged with another girl and refused to marry the prosecutrix. On the basis of

these allegations, the FIR was registered.

I have heard learned counsel for the parties and gone through the status report and the documents appended with the bail petition.

From perusal of all the documents, it comes to fore that the prosecutrix is a mature lady aged 26 years. She had been living separately at Baddi

since January 2020. As per her own allegations, the petitioner used to convey her the reluctance of his family members in solemnizing his marriage

with the prosecutrix. Still both of them allegedly maintained physical relations During arguments, learned counsel for the petitioner also referred to an

affidavit allegedly executed by the prosecutrix on 3.5.2021 to the effect that the petitioner has now agreed to perform marriage with her and on the

basis of such assurance she does not want to pursue further with the FIR lodged by her. Be that as it may. Considering the present COVID-19

pandemic situation, totality of the circumstances, the mode and manner of commission of the alleged offence and also keeping in view the fact that the

investigation in the matter is almost complete, no further significant purpose will be achieved by keeping the petitioner in custody any further.

Petitioner is local resident of village Rasuhi, Post Office Barwara, Tehsil Dehra, District Kangra and his presence can be ensured during the trial.

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 tamper 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 her 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.

Copy Dasti.