Sarwan Kumar vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner has preferred the instant petition under Section 438 of Code of Criminal Procedure seeking anticipatory bail in relation to FIR No. 19/21, dated 28.7.2021, registered at Women Police Station, Bilaspur, under Section 376 of Indian Penal Code.

The case against the petitioner is that on 28.7.2021, a complaint was lodged by the prosecutrix-a resident of village Dalgaon, Tehsil Rohru, District Shimla. Investigation was carried out in this complaint and the statement of the prosecutrix was recorded. She stated that:-

i) She was married. Her husband died about three years ago. She had two school going sons aged 14 and 12 years.

ii) She was acquainted with a lady named Shikha, r/o Rohru. Shikha's husband Sonu introduced the prosecutrix to one Sarwan (bail petitioner) on telephone. The prosecutrix and the petitioner started interacting with each other on phone from March, 2021 onwards.

iii) Petitioner impressed upon the prosecutrix to come to Shimla. At his instance, the prosecutrix came to Shimla. Both of them met there. Petitioner expressed his desire to marry the prosecutrix and took her to his home at Souri (Nalagarh). Both of them stayed together for two nights in petitioner's home at Souri (Nalagarh). Petitioner perforce established physical relations with the prosecutrix and extended a promise to marry her. Thereafter both of them left for Shimla. They stayed at Shimla in a hotel. There also the petitioner established coitus with her. Next day, both of them went in a bus to Rohru from where the prosecutrix went to her paternal house, whereas the petitioner left for Chirgaon.

iv) After a few days, at petitioner's call, the prosecutrix accompanied the petitioner to Bilaspur, where she stayed with him for about two months in a rented accommodation. Petitioner established physical relations with her against her wishes.

v) Petitioner had telephonically expressed his intentions to his father that he wanted to marry the prosecutrix. On 9.6.2021 petitioner's father and Pradhan, Gram Panchayat, Souri (Nalagarh) paid a visit to the prosecutrix at Bilaspur and asked for her Aadhar Card and school certificates. She could not provide these documents to them. Ever since then the prosecutrix has not been able to contact the petitioner.

On the basis of above assertions, the FIR was registered against the petitioner on 28.7.2021.

Ad-interim bail was granted to the petitioner vide order dated 19.8.2021 on terms and conditions mentioned therein.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated by the prosecutrix in the above mentioned FIR. Learned counsel further submitted that the aim of the prosecutrix was to extract money from the petitioner and his family members. Learned counsel prayed for confirmation of ad-interim protection granted to the petitioner and submitted that the petitioner will abide by all the terms & conditions, which may be imposed by this Court in case of confirmation of order dated 19.08.2021.

Learned Deputy Advocate General opposed the grant of bail by submitting that the petitioner has been accused of serious offence. Learned Deputy Advocate General, however, has not denied that pursuant to grant of ad-interim bail, the petitioner has joined the investigation and is co-operating with the investigating agency. Learned Deputy Advocate General further submitted that in case the Court is inclined to confirm the ad-interim bail, then the same be made subject to stringent conditions including directing the petitioner to continue to join and co-operate with the investigating agency as and when directed to do so.

Having seen the status report and the record produced today by the Investigating agency, I am of the view that the ad-interim bail granted to the petitioner vide order dated 19. 8.2021 deserves to be confirmed. The prosecutrix is aged around 40 years. She is a married lady with two grown-up children. As per her own statement, she has accompanied the petitioner of her own volition to different places. Her statement and the record produced by the investigating agency is not being referred to at this stage lest it causes prejudice to the case of either party. However, in view of the nature of the allegations levelled, the mode and manner of the commission of the offence alleged against the petitioner, custodial interrogation of the petitioner is not required in the aforesaid FIR. The petitioner is resident of village Souri Melheri, Tehsil Nalagarh, Distt. Solan, therefore, his presence in the trial can be ensured. Status report does not indicate any criminal history of the petitioner. It is also not disputed in the status report that the petitioner subsequent to the order dated 19.08.2021, has joined the investigation and is co-operating with the investigating agency. There is no allegation that while on ad- interim bail the petitioner violated the conditions imposed upon him in the order dated 19.08.2021. For the aforesaid reasons, the interim order dated 19.8.2021 passed in favour of the petitioner is made absolute subject to the following conditions:

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever:

(iii) Petitioner shall not contact the complainant or her family members in any manner whatsoever. Petitioner shall not contact, threaten or intimidate the victim in any manner whatsoever.

(iv) Petitioner will not leave India without prior permission of the Court.

(v) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(vi) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vii) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy Dasti.