Ravi Raj Negi vs State Of H.P

Satyen Vaidya, J

Petitioner is accused in case FIR No. 4 of 2021 dated 4.1.2021 registered at Police Station, Rampur Bushahr, District Shimla, H.P. under Section

376 and 506 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act. Petitioner is in custody since 4.1.2021.

Petitioner has approached this Court for grant of bail under Section 439 Cr.P.C. on the grounds that petitioner is innocent and has committed no

offence. The implication of the petitioner is with ulterior motives. The victim while appearing as prosecution witness has not supported the case of the

prosecution. Petitioner is a young man of 20 years of age and has no past criminal history. It has been contended on behalf of the petitioner that he

shall not tamper with the prosecution evidence, if released on bail. Petitioner has undertaken to abide by all the conditions as may be imposed against

him.

On notice, the respondent-State has submitted the status report. It has been stated that on 4.1.2021, the victim aged 16 years submitted a written

compliance at police station in presence of her mother alleging that on 3. 1.2021 at about 7.00 a.m. she had gone to Paat Bangla ground for running.

At about 8.30 a.m. petitioner sent a message on face-book account of victim and after sometime contacted the victim through video call. Victim was

invited by the petitioner to his room. On refusal, she was threatened of being exposed before the Coach as well as her mother. She visited the room of

the petitioner where she was subjected to forcible sexual assault by the petitioner and was threatened not to disclose the matter to anyone. On next

day i.e. 4.1.2021, she disclosed the incident to her mother and consequently, a report was lodged. Petitioner was found to be less than 16 years of age

at the time of commission of alleged offence. Petitioner was arrested. The investigation was complete and challan was submitted before learned

Special Judge, Kinnaur at Rampur Bushahr on 2.3.2021.

I have heard learned counsel for the petitioner and learned Additional Advocate General for the respondent-State and have also gone through the

record carefully.

Petitioner is behind the bars for the last more than one year. Petitioner is about 19 years old. There is no past criminal history attributed to the

petitioner. The challan was presented on 2.3.2021, but the same has still not been concluded. The copies of statement of witnesses recorded in the

case before learned trial Court till November, 2021 have been placed on record, which makes it evident that only two out of many witnesses have yet

been examined. The conclusion of trial will take considerable time. Petitioner cannot be kept in custody for indefinite period, especially keeping in view

his young age and the possible effect of such incarceration on his career.

It is evident from the perusal of statement of PW-1 (mother of the victim) and PW-2 the victim that both these witnesses have not supported the

prosecution story. The victim in fact has stated on oath that she had narrated a false story to her mother. Though this Court at the stage of bail will be

loath to appreciate the evidence, yet the factum that the victim has substantially differed from her earlier version cannot be ignored while assessing the

corresponding rights of the petitioner.

It has been contended on behalf of the respondent that scientific evidence in the shape of DNA profiling is against the petitioner. The allegations

against the petitioner are subject to proof in accordance with law. Pre-trial incarceration of petitioner is neither warranted nor required in the peculiar

facts and circumstances of the case. Petitioner is permanent resident of Village Jani, P.O. Ramni, Tehsil Nichhar District Kinnaur, H.P. and there is

no likelihood of his absconding from the course of justice. No apprehension has been expressed on behalf of the respondent that in case of release of

petitioner on bail, the trial shall be affected adversely. The prosecution has already examined main witnesses i.e. victim and her mother.

It has not been suggested by the respondent that petitioner has potential to tamper with the prosecution evidence.

In the given facts and circumstances of the case, the petition is allowed. Petitioner is ordered to be released on bail in FIR No. 4 of 2021 dated

4.1.2021 registered at Police Station, Rampur Bushahr, District Shimla, H.P. under Section 376 and 506 of the Indian Penal Code and Section 4 of the

Protection of Children from Sexual Offences Act, subject to his furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount

to the satisfaction of learned trial Court. This order shall be subject to the following conditions:-

i) That the petitioner shall continue to appear before the learned trial Court on each and every date of hearing.

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 the Court or to the police.

iii) That the petitioner shall not in any manner tamper with the prosecution evidence.

iv) That any indulgence of petitioner in similar activities during the continuance of this order shall entail cancellation of the bail granted to the petitioner.

v) That the petitioner shall not leave India without permission of learned trial Court.

vi) That in case of violation of any of the conditions, the bail granted to the petitioner shall be liable for cancellation.

Any observations made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the

matter uninfluenced by any observations made herein above.