Ses Ram vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 18/2020, dated 27.05.2020, registered under Section 376 of the Indian Penal Code & Section 4 of the POCSO Act at Women Police Station Solan, H.P.

Status report(s) have been filed by the State. The case of the prosecution is that an FIR stood registered at the behest of complainant Sh. Yogesh Sharma on 27.05.2020, who had informed the Police that his elder daughter aged 15 years, had complained of stomach ache and when she was taken to a Government Hospital and from thereto another Clinic, Ultrasound revealed that the child was pregnant. Thereupon, the child was brought to M.M.U., where she was admitted and the complainant thus made a prayer that strict action be taken against the person, who had outraged the modesty of his minor daughter. During the course of investigation, the name of the petitioner was revealed as the accused and he is stated to be in custody since 31.05.2020.

Learned Senior Counsel for the petitioner has argued that the genesis of the FIR is the stomach ache suffered by the minor child of the complainant, on account of which, she was admitted in the hospital and during the course of her treatment, it stood revealed that she was pregnant. He states that in order to ascertain as to who was the biological father, DNA profiling of the fetus was done and the report of DNA, as is also evident from the status report filed by the Police, clearly and strongly demonstrates that DNA profiles of the minor child and fetus are consistent as those of biological mother and offspring and the petitioner is not the biological father of the fetus. On this count, he submits that the petitioner has been wrongly roped in the entire dispute because of the relation between the family of the victim and the petitioner, which are inimical.

Learned Senior Counsel for the petitioner further submits that the petitioner is innocent. He has been falsely implicated in the case and it will be in the interest of justice in case the petitioner is ordered to be released on bail, especially in view of the DNA report. He further states that the petitioner, in the event of being released on bail, shall abide by all the conditions which may be imposed by this Court.

Opposing the petition, learned Additional Advocate General submits that taking into consideration the gravity of the offence which stands alleged against the petitioner, it will not be in the interest of justice to allow this petition, because there is each and every possibility that post release on bail, the petitioner may hamper the investigation of the case and may also try to win over the witnesses etc.

Having heard learned counsel for the parties and perused the status report, in my considered view, this is a fit case wherein the petitioner can be ordered to be released on bail. The events which led to the registration of FIR have already been narrated by me hereinabove and the same are not being repeated for the sake of brevity. The effect of the DNA report, but natural, shall be seen by the learned Trial Court in case, post investigation, any challan is filed by the Police and Charges are framed. But at this stage, the factum of the DNA report suggesting that the petitioner is not the biological father of the fetus, is a consideration, which this Court has to keep in mind while dealing with the case for grant of bail, because it strengthens the contention of learned counsel for the petitioner that the petitioner has been implicated in the case on account of inimical relations between the parties.

As far as the apprehension expressed by learned Additional Advocate General is concerned, the same shall be taken care of by the Court by imposing stringent conditions upon the petitioner as well as by giving liberty to the State to approach the Court in case the petitioner violates any of the conditions of bail which shall be imposed upon him by the Court.

Accordingly, this bail petition is allowed and the petitioner is ordered to be released on bail on his furnishing personal bail bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Solan. However, the grant of bail is subject to the following conditions:

"(a) The petitioner shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

(b) He shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and

(c) In the event of trial, the petitioner shall attend the Court on each and every date of hearing.

It is clarified that findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of present bail applicant and learned Trial Court shall not be influence 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 comply 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.

Before parting with this judgment, this Court wants to make an observation that the Court is shocked by the fact of the name of minor victim being revealed in the status report. This is against the law of the land. Yet, the Officer(s)/Official(s) who are submitting the status report are committing this illegality. Accordingly, the Director General of Police, Himachal Pradesh is directed to issue appropriate instructions in this regard, so as to ensure that such kind of mistakes do not occur in future. Compliance affidavit in this regard be filed within a period of one week. For this limited purpose, this bail petition be listed on 12th October, 2020. The Court is making it clear that henceforth if any Officer/Official is found remiss in this regard, then appropriate action shall be taken against him or her by the Court.

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