Prakash vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 19 of 2020, dated 25.03.2020, registered under Sections 376 & 506 of the Indian Penal Code and Section 4 of the Protection of Children From Sexual Offences Act at Police Station Nahan, H.P.

Learned Senior Counsel appearing for the petitioner has argued that in the present case, the petitioner has been falsely implicated at the behest of some local person. who is inimical towards the petitioner. He has submitted that at the first blush, the allegations levelled against the petitioner appear to be grave, but the fact of the matter is that the investigation which has been carried out by the Police after registration of the FIR, does not point towards the culpability of the petitioner vis­a­vis the allegations levelled against him and no material till date has been collected by the Investigating Agency pointing towards the culpability of the petitioner vis­a­vis the offences alleged against him. He has further argued that the victim, who happens to be minor girl, was subjected to medical tests in two hospitals, i.e., at DDU Zonal Hospital, Shimla and Civil Hospital, Dadahu, District Sirmaur, H.P. and the reports of both the hospitals, do not substantiate the allegations of the complaint that the petitioner either sexually molested the minor girl or the victim in the case was pregnant. On these basis, he prayed that the petitioner be released on bail and such conditions, as may be imposed by the Court, shall be adhered to by the petitioner.

On the other, learned Additional Advocate General submits that taking into consideration the gravity of the offence, the bail petition be dismissed, because there is a possibility and probability that in case the petitioner is ordered to be released on bail, he may hamper the course of investigation of the case and may also try to win over the witnesses being a local resident.

I have heard learned counsel for the parties and have also gone through the status reports as well as other material placed on record by the State, as directed by the Court.

This Court does not intend to dwell on the merits of the case, as the same may have an adverse impact on the trial itself. Suffice to say that there is merit in the contention of learned Senior Counsel for the petitioner that as far as the allegation of pregnancy of the victim being a result of her sexually molested by the petitioner is concerned, the reports of the hospitals referred to above, speak to the contrary. Because the factum of the pregnancy of the victim was the genesis of the complaint as well as foundation of the FIR, the reports of the hospital suggesting otherwise, give credence to the contention of learned Senior Counsel for the petitioner that may be, the complaint which has been filed against the petitioner, is a result of enmity etc. Otherwise also, the petitioner is in custody since the month of March, 2020 and the apprehensions of the State that in the event of release of the petitioner, he may try to hamper the evidence etc. can be taken care of by the Court by imposing stringent conditions upon the petitioner.

Accordingly, this bail petition is allowed and the petitioner is ordered to be released on bail in FIR No. 19 of 2020, dated 25.03.2020, registered under Sections 376 & 506 of the Indian Penal Code and Section 4 of the Protection of Children From Sexual Offences Act at Police Station Nahan, H.P., subject to his furnishing bail bonds in the sum of rupees One Lac with one surety of the like amount to the satisfaction of learned Trial Court. The petitioner shall also abide by the following conditions:

"(a) He 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;

(b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

(c) He shall not 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 the Court or the Police Officer; and

(d) He shall not leave the territory of India without prior permission of the 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 trial of the case. It is further clarified that in case the petitioner does not comply with the conditions which been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of bail. The petition stands disposed in above terms.

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