Sunil Dutt vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Apprehending his arrest in FIR No.65 of 2020, dated 21.05.2020, under Sections 354A, 354B, 323, 506 and 201 of the Indian Penal Code registered at Police Station, Indora, Tehsil Indora, District Kangra (H.P.), the petitioner has come up under Section 438 of Code of Criminal Procedure seeking anticipatory bail.

Interim protection was granted to the petitioner vide order dated 29.05.2020, subject to the conditions stipulated therein.

I have heard learned counsel for the parties through video conference and gone through the status report filed by the respondent-State through e-mail.

As per status report, on 21.05.2020, a complaint was made by the complainant to SHO Police Station Indora, District Kangra, H.P., alleging therein that she had submitted a complaint to Gram Panchayat against one Jeewan Kumar. The complainant was directed by Pradhan Gram Panchayat to remain present in the Panchayat on 21.05.2020. The complainant alongwith her husband reached the Panchayat. In the Gram Panchayat, petitioner-husband of Pradhan concerned, was present, who started threatening the complainant. The complainant through her mobile phone started clicking photographs of the petitioner. Whereafter, the petitioner gave blows to the complainant, torn her cloths and also snatched her mobile phone. In the mobile of complainant, the proof of occurrence was recorded. It is further complained that the petitioner had pressurized the complainant to establish physical relations with him and on her refusal, the petitioner threatened to get her suspended from the job of Anganwari Worker. On the basis of above complaint, FIR in question has been registered against the bail petitioner under Sections 354A,354B, 323, 506 and 201 of the Indian Penal Code at Police Station Indora, District Kangra, H.P.

Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the FIR in question by the complainant in order to defame him. Complainant herself has been convicted, in a criminal case No.53-II/2010, by the learned Judicial Magistrate 1st Class, Indora, District Kangra, Himachal Pradesh, under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code. Though in appeal the sentence awarded to her has been suspended by the learned Additional Sessions Judge-I, Kangra at Dharamshala (HP). Learned counsel further submitted that there are instances cited in the bail petition where different individuals have complained about the threats received by them from the complainant. It is also mentioned in the petition that the petitioner, aged 55 years, a local resident of Village Pind Padhian, Post Office Bhgarwan, Tehsil Indora, District Kangra, Himachal Pradesh, has no criminal history. Petitioner will abide by all the conditions, which may be imposed upon him in case of grant of bail and that he will not influence the witnesses or temper with the prosecution evidence in any manner.

Learned Additional Advocate General has fairly submitted that the petitioner has joined the investigation pursuant to interim order dated 29.05.2020 and that his custodial interrogation is not required.

Considering the allegations levelled against the petitioner and considering the facts and circumstances as come out in the pleadings and the status report, interim order dated 29.5.2020 is made absolute, subject to the following conditions:-

(i) The 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). The petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner will not leave India without prior permission of the Court.

(iv). The 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.

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

(vi). 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. Any observation hereinabove shall not be taken as an expression on merits of the case and learned Trial Court shall decide the matter uninfluenced by any of observations made hereinabove.

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

The parties/competent authorities shall not insist upon for obtaining certified copy of this order and shall download the same from the website of High Court. However, the Registry is directed to send copy of this order to learned counsel for the parties through email subject to furnishing email addresses by them, if so required.