Prakash Singh vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

The instant bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release, in case

FIR No. 37 of 2019, dated 29.08.2019, under Sections 363, 366, 376 IPC and Section 6 of the POCSO Act, registered at Women Police Station Baddi,

District Solan, H.P.

As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to

tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars, so he be

released on bail.

Police report stands filed. Succinctly, the prosecution story, as emanates from the records is that on 29.08.2019 father of the prosecutrix

(complainant herein) made a complaint to the police alleging that he is resident of Chitarkoot, Uttar Pradesh, and for the last six years residing

alongwith his family in a rented accommodation at Baddi. On 28.08.2019, at about 09:30 a.m., his daughter, prosecutrix (name withheld), went to

school for procuring her mark-sheet, but, thereafter she did not turn -up and despite an extensive search efforts, she could not be traced. The

complainant apprehended that someone has taken the prosecutrix by enticing her. Upon the complaint, so made by the complainant, police registered a

case and the investigation ensued. Police procured the date of birth records of the prosecutrix and recorded the statements of the witnesses. During

the course of investigation, police found the mobile location of the prosecutrix in the area of Surat, Gujrat, so a police team was sent. On 23.12.2019

the prosecutrix alongwith the petitioner was traced in a rented accommodation in Surat, Gujrat. Upon the identification of the prosecutrix, police

prepared a spot map and effected relevant recoveries. The petitioner was arrested and was medically examined. Statement of the prosecutrix, under

Section 164 Cr.P.C., was recorded. Thereafter, the police completed all the codal formalities. As per the medical opinion, the victim/prosecutrix had

undergone sexual intercourse, but there is no evidence of recent forceful sexual intercourse. As per the police, on 18.02.2020, after completion of

investigation, police presented the challan in the learned Trial Court and supplementary challan was also presented on 17.07.2020. Lastly, it is prayed

that the bail application of the petitioner be dismissed, as the petitioner has committed a heinous crime. There is possibility that in case at this stage, if

the petitioner is enlarged on bail, he may flee from justice, as he is resident of Uttar Pradesh, and may tamper with the prosecution evidence, so his

bail application be dismissed.

I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the

police report, carefully.

The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that the

petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by

keeping the petitioner behind the bars for an unlimited period, as investigation is complete, nothing remains to be recovered at the instance of the

petitioner and challan stands presented in the learned Trial Court. The custody of the petitioner is not at all required by the police for investigation, so

the petitioner is required to be enlarged on bail by allowing the instant bail application. Conversely, the learned Additional Advocate General has

argued that the petitioner was found involved in a serious offence and he is resident of Uttar Pradesh, so in case he is, at this stage, if enlarged on bail,

may flee from justice or may tamper with the prosecution evidence, so the bail application of the petitioner may be dismissed.

In rebuttal the learned Counsel for the petitioner has argued that the petitioner is neither in a position to flee from justice nor in a position to tamper

with the prosecution evidence. His custody is not at all required by the police, as the investigation is complete, nothing remains to be recovered at the

instance of the petitioner, even the challan stands presented in the learned Trial Court. Moreover, the petitioner cannot be kept behind the bars for an

unlimited period, so the petitioner may be enlarged on bail by allowing the instant bail petition.

At this stage, considering the age of the petitioner, who is only 23 years old and also the age of the prosecutrix, the manner in which the offence is

alleged to have been committed by the petitioner, the fact that the petitioner is neither in a position to tamper with the prosecution evidence nor in a

position to flee from justice, considering the facts that investigation is complete, challan stands presented in the learned Trial Court, custody of the

petitioner is not at all required by the police, nothing remains to be recovered at the instance of the petitioner, the fact that the petitioner is behind the

bars for the last more than six months and cannot be kept behind the bars for an unlimited period, the fact that the petitioner is ready and willing to

abide by the terms and conditions of bail, in case granted, and also considering the overall facts, which have come on record, and without discussing

the same at this stage, finds that the present is a fit case where the judicial discretion to admit the petitioner on bail, is required to be exercised in his

favour. Accordingly, the petition is allowed and it is ordered that the petitioner, in case FIR No. 37 of 2019, dated 29.08.2019, under Sections 363, 366,

376 IPC and Section 6 of the POCSO Act, registered at Women Police Station Baddi, District Solan, H.P., shall be released on bail forthwith in this

case, subject to his furnishing personal bond in the sum of Rs.20,000/- (rupees twenty thousand) with one surety in the like amount to the satisfaction

of the learned Trial Court. The bail is granted subject to the following conditions:

(i) That the petitioner will appear before the learned Trial Court/ Police/ authorities as and when required.

(ii) That the petitioner will not leave India without prior permission of the Court.

(iii) That the petitioner will 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 the Investigating Officer or Court.

In view of the above, the petition is disposed of.

Needless to say that the observations made hereinabove are only confined for adjudication of the present case and the same shall have no bearing

on the merits of the main case, which shall be adjudicated on its own.

Copy dasti.