Nikku vs State Of Himachal Pradesh

Vivek Singh Thakur, J

This petition has been filed by the petitioner, under Section 439 of the Code of Criminal Procedure, for grant of regular bail in case FIR No.83 of

2019, dated 23.12.2019, under Sections 363, 366A, 376 IPC and Section 6 of the Prevention of Children from Sexual Offences Ac, 2012 (POCSO),

registered at Police Station, Shillai, District Sirmaur, Himachal Pradesh.

Status report stands filed, wherein it is stated that investigation is complete and challan is likely to be presented in the Court in near future. Petitioner

has been arrested on 27.12.2019 and as of now he is in judicial custody.

During investigation, statement of victim was also recorded under Section 164 of the Code of Criminal Procedure, copy whereof has already been

filed with the status report submitted on previous dated, i.e. 17.3.2020.

In her statement, so recorded, victim has stated that petitioner met her 2-3 years ago in a fair and 5-6 months ago, on her asking, he had come

alongwith his friends to take her and she left her house alongwith him without informing anybody in that regard and petitioner had taken her to his

home where she resided alongwith petitioner’s mother and family of his brother and that petitioner was staying at Shimla, in connection with job

and he had come to meet her once during last month for two days. She has further stated that he did not make any relation with her and she was

staying in his house without marrying him. She has also stated that she had left her house because she was feeling good in the house of petitioner and

for leaving her own house and to live with petitioner no one had coerced or forced her and she had left her house on her own volition. At the last, she

has stated that the petitioner should be set free as she had left her house at her own will.

No doubt, it has come in the report received from the State Forensic Science Laboratory that victim is the mother of product of conception and the

petitioner is the biological father of product of conception. However, at the same time, entire evidence, including the SFSL Report, is to be scrutinized

judicially by the trial Court coupled with the statement of victim recorded under Section 164 of the Code of Criminal Procedure.

Considering the entire material before me, I am of the opinion that it is a case where the petitioner may be enlarged on bail. Accordingly, the

petitioner is ordered to be released on bail on his furnishing personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction

of the Sessions Judge/Additional Sessions Judge, Sirmaur at Nahan, or any other Magistrate on duty at Nahan, District Sirmaur, Himachal Pradesh,

and also subject to the following further 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/her 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 he 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 he 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 he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or

during trial.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the accused-petitioner as deemed

necessary in the facts and circumstances of the case and in the interest of justice.

In case the petitioner violates any or the conditions 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.

Observations made hereinabove shall not affect the merits of the case in any manner and are strictly confined for the disposal of the present bail

application.

Application stands disposed of. Dasti copy on usual terms.