Pranav Garg vs State Of Himachal Pradesh

Ajay Mohan Goel, J

ASI Sita Devi, IO Women Police Station, Solan, District Solan, present with case record.

Status report has been filed, which is perused and ordered to be taken on record.

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 10 of 2022, dated 10.05.2022, registered at Women Police Station Solan, District Solan, H.P. under Sections 376 and 506 of the Indian Penal Code.

The case of the petitioner is that a false FIR has been registered against him. As per him, the complainant, who was married earlier and whose divorce case is pending adjudication in a Court at Solan, concealed these facts and entered into a relationship with him. However, just before the date fixed for engagement, these facts came to the notice of the family of the petitioner. The parents of the petitioner in these circumstances filed a complaint against Ms. Reshma and as an offshoot thereof, the present FIR has been got registered against him by the complainant.

Mr. Sudhir Thakur, learned Senior Counsel appearing for the petitioner has submitted that the petitioner was arrested by the police on 10.05.2022 after the registration of the FIR and this was done after the appearance of the complainant in the Court in the proceedings, which stood initiated by the parents of the petitioner against the complainant. He has further submitted that\ the petitioner is presently lodged in judicial custody, and thus, no recovery etc. is to be effected from him. Learned Senior Counsel has drawn the attention of the Court to the photographs appended with the petition, and on the strength of the same, he has submitted that a perusal thereof clearly demonstrates that there was a relationship between the petitioner and the complainant, but as per him, as the foundation of the relationship was laid on falsehood at the instance of the complainant, on this count, backing out from the engagement has led to lodging of the present FIR. Learned Senior Counsel has submitted that the petitioner happens to be a local resident of District Solan and belongs to a respectable family. He has submitted that in the event of grant of bail in his favour, the petitioner shall abide by all the conditions that may be imposed upon him by the Court.

The petition stands opposed by the State on the ground that as the allegations which have been levelled against the petitioner are grave, therefore, he may not be released on bail. Learned Additional Advocate General, on the basis of investigation which has been carried out so far, has submitted that perpetual threats were given by the petitioner to the complainant ,and if the petitioner is ordered to be released on bail, this may intimidate the complainant and further the petitioner being local resident, can influence the course of investigation and also may try to win over the witnesses. On these counts, he has submitted that present bail petition be dismissed.

I have heard learned Senior Counsel appearing for the petitioner as well as learned Additional Advocate General. I have also gone through the contents of the petition as well as documents appended therewith and the status report as also other record which has been produced before the Court by the State.

Whether or not the petitioner is guilty of the offences alleged against him is a matter of trial. As of now, as from the date of his arrest, the petitioner is in judicial custody. This demonstrates that the petitioner is neither required for interrogation/investigation nor any recovery etc. is to be effected from him. Besides this, one thing which is borne from the record produced before the Court is that there was relationship between the petitioner and the complainant and why the same went sour, and what resulted in the filing of the complainants and FIR by the family of the petitioner and the complainant against each other are issues upon which this Court does not intend to comment so that same may not prejudice the cases of either of the parties. Suffice it to say that in the given circumstances, the Court sees no rationale in continuing to detain the petitioner in custody. As far as the apprehensions pointed out by learned Additional Advocate General are concerned, the same can be and are being taken care of by this Court by imposing strict conditions upon the petitioner while ordering his release on bail.

In view of above discussion, this petition is allowed and the petitioner is ordered to be released on bail in FIR No. 10 of 2022, dated 10.05.2022, registered at Women Police Station Solan, District Solan, H.P. under Sections 376 and 506 of the Indian Penal Code, on his furnishing personal bail bond to the tune of Rs.25,000/- with one surety in the like amount to the satisfaction of the concerned JM/JMFC/ACJM/CJM, within a period of two weeks from today, subject further to the following conditions:-

·         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;

·         He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

·         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

He shall not leave the territory of this Country.

It is clarified that findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail petition and learned trial Court shall not be influenced in any manner whatsoever by any of the findings so returned by this Court in the adjudication of this petition during the course of the trial of the case. It is further clarified that in case the petitioner does not complies with any of 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.

Downloaded copy of this order from the website of this Court shall suffice the purpose for furnishing of personal and surety bonds, as directed above, before the learned Court below and there will be no need to produce certified copy of this order in this regard.