Ram Singh & others vs State of Himachal Pradesh

The present bail application has been maintained by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 20 of 2017, dated 27.03.2017, registered under Sections 363, 366A, 342, 323, 120B of Indian Penal Code, 1860 (for short "IPC"), registered at Police Station Nirmand, District Kullu, H.P.

As per the learned counsel for the petitioners, the petitioners are innocent and have been falsely implicated in the present case. The petitioners are not in a position to tamper with the prosecution evidence and flee from justice, thus they may be released on bail.

Police report stands filed. As per the prosecution story, on 27.03.2017, the prosecutrix (name withheld), who is 17 years of age, lodged a report alleging that she studies in 10+2 class and on 9th March went to the house of her ''bua''. The daughter-in-law of her bua, without her consent, initiated the matter qua her marriage in Dharampur, Mandi, but the prosecutrix did not agree. Thereafter, a boy alongwith one Simra Devi and three more persons came there and the prosecutrix was asked to marry that boy, however, again she did not agree. The petitioners exerted pressure on the prosecutrix and resultantly she agreed to marry Ritesh (petitioner No. 3). The prosecutrix married petitioner No. 3 against her will and due to the pressure of the petitioners. As per the prosecutrix, she was not given any document qua the marriage and her sister, Kiran was also forcibly married with one Brij Lal. The prosecutrix could not come to her home, as she was not having money for traveling expenses. The prosecutrix was thrashed by her mother-in-law. On 25.03.2017 her sister Kiran came and said that she has prepared the documents of her divorce. Thereafter, the prosecutrix did not eat anything and kept on weeping and on being informed by some neighbourer, the police came there. Police told the petitioners to send the prosecutrix to her home and she reported the matter to the police. As per the prosecutrix, she was married forcibly, beaten up and her sister was also pressurized to marry one Brij Lal. Police started investigating the matter and FIR was registered. The prosecutrix and her sister were medically examined and their statements under Section 164 Cr.P.C. were also recorded. Spot map was prepared. Vehicle, i.e., HP28C-5500, which was allegedly used in the commission of the offence, is yet to be recovered. As per the prosecution, the investigation is still going on in this case. Lastly, the prosecution prayed for dismissal of the bail application of the petitioners.

I have heard the learned counsel for the petitioners, learned Additional Advocate General for the State, and have gone through the record, including the police report, carefully.

At this stage, taking into consideration the facts that the petitioners are joining the investigation, co-operating in it and they are also not in a position to tamper with the prosecution evidence and flee from justice as also the fact that no recovery is to be effected by the police from the petitioners, the present is a fit case where the judicial discretion to admit the petitioners on bail, in the event of their arrest, is required to be exercised in their favour. Under these circumstances, it is ordered that the petitioners be released on bail, in the event of their arrest, in case FIR No. 20 of 2017, dated 27.03.2017, registered under Sections 363, 366A, 342, 323, 120B IPC, registered at Police Station Nirmand, District Kullu, H.P., on their furnishing personal bond to the tune of Rs.20,000/- (rupees twenty thousand only) each with one surety each in the like amount to the satisfaction of Investigating Officer. The bail is granted subject to the following conditions: (i) That the petitioners will join investigation of the case and when called for by the Investigating Officer in accordance with law.

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

(iii) That the petitioners 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. Copy dasti.