Neeraj Thapa vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition, a prayer has been made for release of the petitioner on bail in F.I.R. No.10 of 2020, dated 17.03.2020, registered against

him at Women Police Station Dharamshala, District Kangra, H.P., under Section 376 of the Indian Penal Code (hereinafter referred to 'IPC' for short)

and Section 6 of the Protection of Children from Sexual Offences (hereinafter referred to ‘POSCO’ for short) Act.

The FIR has been registered against the petitioner on the allegations that the daughter of the complainant while coming back from tuition, fell down

from the stairs, which resulted in her sustaining some injuries, on account of which she was taken to the hospital. During the course of examination of

the victim, the doctors opined that there was no injury as suspected by the complainant and bleeding was because of menstruation. The complainant

was asked to obtain opinion from the Gynecologist and when the complainant alongwith victim returned back to their house, the victim disclosed to the

complainant that she was subjected to sexual intercourse by the petitioner in the month of March, 2020. It is on these basis, that the FIR was lodged,

resulting in the arrest of the petitioner, who is stated to be in custody since 17.03.2020.

A regular bail petition filed by the petitioner before the Court of learned Special Judge, Kangra at Dharamshala, District Kangra, H.P. was

dismissed on 21.07.2020 and thereafter, the petitioner approached this Court for grant of bail by way of present petition.

Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the case and the reason as to why said FIR has been

registered against the petitioner is that there is enmity between the family of the victim and the petitioner. As per the learned counsel, the petitioner is

not guilty of the offences alleged against him. He is a respectable citizen. He is a permanent resident of village Chandmari, Tehsil Dharamshala,

District Kangra, H.P. He has already lost his wife about four-five years back and there is none to look after his aged mother. He has further

submitted that as the investigation is complete and challan stands filed in the Court, resulting in framing of the charges, even otherwise, no purpose is

going to be served by detaining the petitioner in custody. On this count, he has prayed that the petition be allowed.

Opposing the bail petition, learned Additional Advocate General has argued that taking in consideration the gravity of the offences which have been

alleged against the petitioner, the petition deserves to be dismissed, because there is each and every possibility that in the event of release of the

petitioner on bail, be may influence the outcome of the trial by trying to win over the witnesses as well as threatening the complainant as also the

victim. He, thus, submitted that the petition being devoid of any merit be dismissed.

Learned counsel for the petitioner in rebuttal submits that if released on bail, the petitioner will abide all the conditions that the Court may impose

and he shall not leave the territory of the State of Himachal Pradesh without the permission of learned Trial Court.

I have heard learned Counsel for the parties and have gone through the status report earlier filed by the State.

It is not in dispute that the FIR was lodged on 17.03.2020, on the facts already mentioned hereinabove and the petitioner is in custody since then. It

is further not in dispute that the alleged offence is stated to be of March, 2019.

Be that as it may, as the investigation in the matter is complete and further after filing of the challan the charges have already been framed against

the petitioner, in my considered view, no purpose is going to be served, by keeping the petitioner in custody especially as there is likelihood the trial will

take time because of the Covid-19 Pandemic. As far as apprehension expressed by learned Additional Advocate General, the same shall be taken

care by imposing strict conditions upon the petitioner, while releasing him on bail.

Accordingly, this petition is allowed, by ordering the release of petitioner on bail, in F.I.R. No.10 of 2020, dated 17.03.2020, registered against him

at Women Police Station Dharamshala, District Kangra, H.P., under Section 376 of the IPC and Section 06 of the POSCO Act, on his furnishing

personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned Trial Court, subject to the following

conditions:-

i) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance

by filing appropriate application;

ii) He shall not tamper with the prosecution evidence;

iii) He shall not make any inducement, threat or promise to any person acquainted with the facts of the case.

iv)Undertaking of the petitioner through Counsel is taken on record that the petitioner shall not leave the territorial limits of the State of H.P. without

the permission of learned Trial Court.

It is clarified that the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the

present bail application and learned trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition

during the trial of the case. It is further clarified that in case the petitioner does not complies with the conditions which have been imposed upon him

while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the

above terms.

Copy dasti.