Pradeep vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Present petition is for grant of regular bail in relation to FIR No. 78/2020, dated 6.10.2020, registered under Sections 363, 376 of Indian Penal Code

read with Section 4 of POCSO Act, at Police Station, Nahan, District Sirmour.

Heard learned counsel for the parties and gone through status report and documents placed on record.

The FIR was registered on the basis of a complaint lodged by father of the prosecutrix on 5.10.2020. The gist of the allegations levelled in the

complaint was that on 4.10.2020, while the complainant was away from home, the bail petitioner enticed away the complainant’s daughter. Finding

his daughter missing, the complainant and his family members looked out for her on 5.10.2020 but she could not be traced. On 6.10.2020 at around

10:00 a.m., the complainant received a call from his daughter from an unknown number informing him that she was detained at a place called Saha in

district Ambala and that she was not being allowed to call her family members. Afterwards, the complainant received another call from a person who

identified himself as Bali Ram informing that complainant’s daughter had been brought by caller’s nephew-Pradeep (bail petitioner). The

complainant was informed that his daughter shall be brought to her home. Since his daughter did not reach even by 3:00 P.M., therefore, the

complainant called her on her mobile number. The phone was answered by his daughter informing that she had been taken to some other village. All

this prompted the complainant to lodge the aforesaid complaint. On the basis of these allegations, the FIR was registered on 6.10.2020.

Investigation was carried out. On 6.10.2020 itself, the complainant's daughter was recovered alongwith bail petitioner from village Saha. Her

statement under Section 161 Cr.P.C. was recorded on 6.10.2020 and under section 164 Cr.P.C. on 7.10.2020. The sum total of these statements is

that the prosecutrix acknowledged receiving a call of the petitioner from an unknown number asking her to come to the bus stand. She went to the bus

stand and met the bail petitioner there. From the bus stand, by using different means of transport viz private transport, government transport, tempo

and bike, the couple reached Saha at the place of petitioner’s sister. Prosecutrix alleges having been raped there by the bail petitioner.

Learned Counsel for the petitioner raised the plea of innocence and false implication of the petitioner. Learned counsel further submitted that

petitioner shall abide by all the conditions which may be imposed him by this court in case of his enlargement on bail.

Opposing the bail plea, learned Deputy Advocate General submitted that victim has made direct and serious allegations against the petitioner.

Therefore, he does not deserve to be enlarged on bail.

Prosecutrix was seventeen years and ten months old at the time of alleged incident. Her date of birth as ascertained by the prosecution is

5.12.2020. Prosecutrix’s statements recorded under Section 161 and 164 Cr.P.C. lead to an inference that she was quite mature for her age and

knew the bail petitioner. Both of them were acquainted with each other. Bail petitioner was not a stranger to her. She accompanied the petitioner to a

distant place of her own accord. By using different means of transport including private bus, government bus, tempo and bike, the couple reached the

home of petitioner's sister at village Saha, district Ambala (Haryana). There is no allegation that the prosecutrix was forced or compelled or

threatened by the petitioner to accompany him. The complainant himself acknowledged receiving a call from petitioner’s family members about

presence of his daughter in their home.

The medical examination of the prosecutrix was conducted on 6.10.2020. I have seen the MLC alongwith the report of the State Forensic Science

Laboratory, Junga. Without going into details of these documents and other evidence at this stage, lest it causes prejudice to the case of either of the

parties, in my opinion, the petitioner has carved out a case for grant of bail. As per the status report, the investigation in the matter is complete and

challan stand presented before the competent court on 28.11.2020. The petitioner is in custody since 6.10.2020. His further incarceration will not serve

any purpose. He is local resident of village Satahan, Post Office Sangna, Tehsil Sangrah, District Sirmour. Status report does not indicate any criminal

antecedent of the petitioner. Looking into the mode and manner of commission of alleged offence as well as looking into the nature of the allegations

levelled against the petitioner and all other relevant aspects, in my view, the petitioner deserves to be enlarged on bail. 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 his 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.