Ravi Shankar vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure Code, petitioner has prayed for grant of regular bail in FIR No.22 of 2019, dated 08.08.2019, registered at Police Station Sangla, District Kinnaur, H.P., under Sections 363, 376 of the Indian Penal Code and Section 4 of POCSO Act.

Learned Additional Advocate General has filed status, which is perused and ordered to be taken on record.

I have heard learned counsel for the petitioner and learned Additional Advocate General and have gone through the averments made in bail petition.

Without dwelling in detail on the factual issue involved in this petition, suffice it to say that victim is now stated to be a major and alongwith this petition, an affidavit of the victim as well as that of her father have been appended, which are to the effect that as the victim has attained the age of majority, she wants to marry the present petitioner.

Learned counsel for the petitioner further informs the Court that petitioner is also willing and ready to marry the victim. The Court has also been informed that the families of the petitioner as well as victim are also not averse to the same, i.e., marriage of the petitioner and the victim.

In these peculiar circumstances, this bail petition is allowed and the petitioner is ordered to be released on bail in FIR No.22 of 2019, dated 08.08.2019, registered at Police Station Sangla, District Kinnaur, H.P., under Sections 363, 376 of the Indian Penal Code and Section 4 of POCSO Act, 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 CJM/ACJM within a period of two weeks from today, subject to the following conditions:-

i) 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;

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

iii) 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

iv) He shall not leave the territory of India without prior permission of the Court.

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 application and learned trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during the trial of the case. It is further clarified that in case the petitioner does not complies with 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.

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