Ranjeet Kumar vs State Of H.P

Vivek Singh Thakur, J

Present petition has been filed under Section 439 Cr.P.C. by the petitioner for enlarging him on bail during pendency of trial pending in the Court of learned Sessions Judge, Chamba in case FIR No. 111 of 2019 registered in Police Station Bharmour, District Chamba under Sections 363 and 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act.

2 Petitioner was arrested by police on 21st October, 2019 and since then he is in judicial custody.

It is submitted in the status report that on 6.10.2019 father of prosecutrix had lodged a report with police stating that his daughter (prosecutrix) is missing from his house since yesternight and she was in talking terms with Ranjeet Singh (petitioner) and petitioner was advised so many time for not to indulge in such activity and possibly, Ranjeet Singh (petitioner) had enticed his daughter to accompany him.

4 On the basis of complaint lodged by father of prosecutrix, FIR was registered and during investigation, on the basis of location of mobile, prosecutrix and petitioner were recovered on 18.10.2019 from Rajkot (Gujarat).

5 After recording statement of prosecutrix and MLC issued by Medical Officer, Chamba, petitioner was arrested and after presentation of challan, trial has commenced against him wherein prosecutrix as well as her father have been examined as prosecution witnesses and case has been fixed for recording of prosecution evidence on 16th June, 2020.

6 It is submitted by learned counsel for the petitioner as also reported in status report that prosecutrix, at the time of alleged incident, was 17 years 8 months and 21 days old and she had almost completed her 18 years of age at that time and petitioner as well as prosecutrix were liking each other, but because of difference in the Caste, father of girl was not agree for marriage.

7 Learned Deputy Advocate General submits that in her statement recorded under Section 161 Cr.P.C., 154 Cr.P.C. and deposition in Court, the prosecutrix has deposed against the petitioner, whereas learned counsel for the petitioner has disputed it and submits that as per instructions imparted to him, petitioner is ready to marry prosecutrix and prosecutrix, who has attained age of discretion, is also ready for that.

8 It is further submitted on behalf of petitioner that trial is pending and now it has been fixed for recording of prosecution evidence on 16th June, 2020 and statement of prosecutrix, to whom petitioner would have influenced, stands recorded and further it has also come in the complaint lodged by father of prosecutrix that it was his daughter who used to talk with Ranjeet Singh.

9 Considering the entire facts and circumstances placed before me, I am of the opinion that it is a fit case where no fruitful purpose is going to be served by keeping the petitioner behind the bars during pendency of trial and accordingly, he is ordered to be enlarged on bail in present case, subject to furnishing personal bond in the sum of Rs.40,000/-with one surety in the like amount to the satisfaction of the trial Court within three weeks from today, subject to the following conditions:-

(i) That the petitioner shall make himself available before the trial Court on each and every date as and when required;

(ii) That the petitioner shall 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 from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(ii) That he shall not obstruct the smooth progress of the trial;

(iii) That he shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in advance, to P.S. Bharmour, District Chamba.

(v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is suspected.

(vi) That petitioner shall not misuse his liberty in any manner.

It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG/Misc.Instructions/93-IV.7139 dated 18.3.2013. Petition stands disposed of.

Petition stands disposed of. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973.

Registry to transmit the copy of this Court to the trial Court through e-mail.