Raghubir Singh And Others vs State Of Himachal Pradesh

Virender Singh, J

The above named applicants have filed these applications, under Section 438 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.PC’), apprehending their arrest, in case FIR No. 18 of 2023, dated 15.11.2023, registered under Sections 376D, 506, 509, 384, 354A&D of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Sections 67 and 67A of the Information and Technology Act (hereinafter referred to as ‘I.T. Act’), registered with Women Police Station, Nahan, District Sirmaur, H.P. By way of these applications, the applicants have sought the indulgence of this Court to direct the I.O/Police of Women Police Station, Nahan, to release them on bail, in the event of their arrest, in the above mentioned case/FIR.

According to the applicants, they are innocent persons and have falsely been implicated, in this case, at the instance of complainant.

It is their further case that all the applicants, as well as, the complainant are residents of the same area and well known to each other. The complainant had made a similar complaint in the month of August, 2023 against applicant Jagar Singh, however, the said complaint was later on withdrawn, after compromising the matter with applicant Jagar Singh. The said matter is stated to be compromised by putting applicant Jagar Singh under pressure and money has also been taken from him.

It is their further case that the complainant has filed a complaint with a malafide intention to grab money from the applicants.

Another ground, upon which, the relief has been sought is that there is unexplained delay in lodging the FIR.

It is the further case of the applicants that their co-accused Deep Singh @ Papu and Joginder Singh has been released on interim bail by the Court of learned Special Judge, Fast Track Court, Rape/POCSO, Nahan vide order dated 12.12.2023. The said orders were passed by the learned Special Judge, Nahan under Section 438 Cr.P.C.

On the basis of above facts, certain undertakings have been given on behalf of applicants, for which, the applicants are ready to abide by, in case, any direction is issued to the police/I.O., under Section 438 Cr.P.C.

When put to notice, the police has filed the status report on 06.12.2023, disclosing therein, that the victim moved a complaint to the Superintendent of Police, which was forwarded to the Police Station for registration of FIR.

1. As per complaint, it has been alleged by the victim that she was married in the year 2003 and has been blessed with three children. The elder one is 18 years old, whereas, others are 15 and 12 years old, respectively. All are students. She has further alleged that she, her husband and in-laws are religious persons and used to pay their obeisance in Dashmesh Asthaan Gurudwara, Nahan For the services rendered by her husband, he was also honoured by the State, as well as, by many institutions.

8.2. She has further mentioned in the complaint that one Ranjeet Singh @ Monu, used to impart training of ‘Gatka’ (Sikh martial art) in the Gurudwara. Said Ranjeet Singh has requested the husband of the victim to send her children to Akhara Dashmesh to learn ‘Gatka’. Continuously, for the last 10 years, the victim and her husband were sending their sons for the said training. Said Ranjeet Singh has also disclosed that in his absence, Jagar Singh (applicant) and Munder Singh also used to impart training. Said Ranjeet Singh has also formed a whatsapp group by adding the numbers of all the parents, whose children used to learn the said martial art.

8.3. In the month of November, 2021, the victim received a call from Jagar Singh (applicant), disclosing therein, that in the mobile phone of his son, few photographs are there, in which, her son is being depicted with one girl. Applicant Jagar Singh has also directed the victim to meet him all alone in the Langar hall of the Gurudwara and in case, she would not come, then, he threatened her to report the matter to the police and Pradhan of the Gurudwara, as such, will spoil the future of son of victim. Applicant Jagar Singh has also cautioned her not to disclose this fact to her husband.

8.4. Acting upon the said threat, the victim had gone all alone to meet applicant Jagar Singh in the hall, which is in the ground floor of the Gurudwara. As soon as she reached there, applicant Jagar Singh was there. He was all alone. He has shown his mobile phone to her. The phone was shown on the pretext of showing photographs of the son of the victim with one girl in an objectionable condition. At that time, applicant Jagar Singh put his hand on the mouth of the victim and he had taken out his Kirpan (sacred sword) and threatened her to move towards bathroom. Under the threat of said Kirpan, the victim was raped. He has also threatened her that in case, she will disclose this fact to anyone, he will kill her husband and children. While leaving from there, he has apprised the victim that he is having no objectionable photographs of her son.

8.5. According to the victim, applicant Jagar Singh has also threatened her that he has concealed a mobile phone in the washroom and clicked her obscene photographs. Due to this fact, the victim, as per her version, could not disclose this fact to anyone. She was apprehending that he may not make his photographs and video viral. She has further deposed that the said person on the pretext of said photographs/video, used to exploit her mentally and physically.

8.6. Not only this, applicant Jagar Singh has also demanded money from the victim and she has paid a sum of Rs.70,00-80,000/-, after borrowing the same as loan. The amount was given on the pretext that he could not make her photographs/video viral. He has forwarded the said video to Gunder Singh, Papu Singh and Joginder Singh. The above said persons, on the basis of said video, used to harass her physically and mentally.

8.7. It is her further case that when, she inquired from applicant Jagar Singh as to why he is not deleting the video, despite the fact that she has made the payment, the said person directed her to have physical relations with his companion and brothers and also threatened to defame her in the society. The above said persons called her and used to rape her in the bathroom.

8.8. It is her further case that on 14/15.10.2023, applicant Jagar Singh called her from mobile No. 70185- 82586, which belongs to applicant Raghubir Singh, and directed the victim to come to meet him on the pretext that he is having her video/photographs, upon which, the victim has refused to applicants Jagar Singh and Raghubir Singh, then, both of them disclosed her that Papu Deep Singh is also having video/photographs in his mobile No. 97365-90378. When, the victim disclosed these facts to her husband, then, he called his family members and the above persons had tendered a written apology, but, despite this fact, they used to threaten and eliminate her family members.

On the basis of above facts, the police registered the FIR and criminal machinery swung into motion.

On 15.11.2023, the victim was got medico legally examined at Dr. Y.S. Parmar Government Medical College/Hospital, Nahan.

On 16.11.2023, the victim appeared before the police along-with her brother and produced the pen drive having obscene video and four screen shots, which was taken into possession.

It is further case of the victim that when, the said pen drive was played, the face of the victim was clearly visible, but the male shown in the said video, could not be identified.

On the basis of above facts, provisions of Section 67 of the I.T. Act were added in this case. On

11.2023, further investigation of the case was entrusted to Inspector Ranjeet Singh, Incharge, SIT.

On 17.11.2023, correspondence with regard to obtain CDRs and consumer applications forms of mobile phones of Jagar Singh, Raghubir Singh, Deep Singh and Gunder Singh, was made.

On 18.11.2023, the victim was produced before the Court of learned Additional Chief Judicial Magistrate, Court No.1, Paonta Sahib, where, her statement under Section 164 Cr.P.C was recorded.

On 19.11.2023, the victim has produced the original compromise dated 22.10.2023, which was taken into possession. Thereafter, the provisions of Sections 354A&D IPC were also added, in this case.

On the basis of above status report, interim protection was granted to the applicants on 06.12.2023. Thereafter, the matter was adjourned on various dates.

On 18.12.2023, Mr. Arun Kumar, Advocate has appeared for the victim/victim.

As per supplementary status report filed thereafter, it has transpired that the applicants have joined the investigation, however, in the status report, filed on

12.2023, it has been apprehended that the applicants are not co-operating with the investigation and due to this act of the applicants, there is resentment in the society.

Apart from this, the police has also expressed apprehensions that in case, the interim orders are made absolute, in that situation, the applicants may coerce the witnesses and allure them to depose in their favour.

In the status report filed on 22.12.2023, it has been mentioned that the victim has moved a complaint on 11. 12.2023, in which, she has mentioned that the accused threatened her to kill. It has also been mentioned in the status report that applicant Raghubir Singh, after getting the interim protection from this Court, had threatened the victim, her brother, as well as, her husband, as such, on 20. 12.2023, on the statement of the victim, her brother and her husband, FIR No. 22/2023 dated 20.12.2023, under Sections 341 and 506 IPC with Women Police Station, Nahan was registered.

On the basis of above facts, a prayer has been made to dismiss the applications.

In this case, it has not been disputed that applications moved under Section 438 Cr.P.C moved by co-accused Deep Singh @ Papu and Joginder Singh have been allowed by the Court of learned Special Judge, Fast Track Court, Rape/POCSO, Nahan vide order dated 12.12.2023.

Learned Additional Advocate General could not point out as to why the relief, which has already been granted to the co-accused, should not be given to the applicants.

So far as the registration of FIR No. 22/2023 dated 20.12.2023, under Sections 341 and 506 IPC with Women Police Station, Nahan is concerned, merely on the basis of registration of FIR, it cannot be inferred that the allegations which have been levelled in this case, are having any bearing upon the merits of the case.

Although, it has been argued by learned counsel for the applicants that there is unexplained delay in lodging the FIR is concerned, the said fact is liable to be considered by the learned trial Court, when the evidence will be recorded before it. However, considering the said fact in the light of other facts, according to which, the applicants have joined the investigation and the role allegedly played by them are similar to the role, which has been attributed to the other two accused, whose applications have been allowed by the learned trial Court, this Court is of the view that these applications deserve to be allowed, which have been filed, for the same relief, in this case, by confirming interim order dated 06.12.2023.

So far as the apprehensions, which have been expressed by the police in the status report are concerned, for those apprehensions, reasonable conditions, can be imposed, in case, interim order is made absolute.

At the time of deciding the bail application, the detailed discussions with regard to merits and de-merits of the evidence adduced by the prosecution, should be avoided as it will cause prejudice to the case of prosecution, as well as, to the accused.

The applicants are permanent residents of Nahan, District Sirmaur and trial of the case will take sufficient long time. Considering the fact that no other criminal history of the applicants has been argued or mentioned, in the status report, this Court is of the view that the police is not able to make out a case for custodial interrogation of the applicants. As such, interim orders dated 06.12.2023 are liable to be made absolute.

Considering all these facts, this Court is of the opinion that the relief, which has been granted to the applicants, vide orders, dated 6 th December, 2023, is liable to be confirmed. Consequently, interim orders, dated 6th December, 2023, are made absolute. Therefore, it is ordered that the applicants be released on bail, in the event of their arrest, in case FIR No. 18 of 2023, dated 15.11.2023, registered under Sections 376D, 506, 509, 384, 354A&D IPC and Sections 67 and 67A of I.T. Act, on their furnishing personal bond, to the tune of Rs. 50,000/-, with one surety of the like amount, to the satisfaction of the Investigating Officer. The bail is granted, subject to the following conditions:

a) That the applicants will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;

b) That the applicants will not leave India, without prior permission of the Court;

c) That the applicant wills 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 the Court; and

d) That the applicants shall regularly 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;

Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail applications.

The applicants are directed to move regular bail applications, when charge sheet will be filed in the competent Court of law.

It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicants.