Sunil Kumar vs State Of H.P

Vivek Singh Thakur, J

Petitioner has approached this Court, under Section 439 Cr.P.C., seeking regular bail in case FIR No. 65 of 2020, dated 26.09.2020 registered under

Sections 363, 366, 376 of IPC and Section 4 of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO

Act’) in Police Station Chopal, District Shimla (H.P.).

As per status report, filed on behalf of respondent, on 26th September, 2020 father of victim along with his wife had submitted a complaint to police

that his younger daughter had been kidnapped by one Sunil Kumar (petitioner) on 21.9.2020, whereupon, aforesaid FIR was registered and during

investigation, petitioner and victim were located in Karsog, wherefrom victim was recovered and petitioner was arrested.

Statement of victim was also recorded under Section 164 Cr.P.C. before the Magistrate, wherein, she had stated that she had contacted petitioner

on mobile phone and called him at Bus Stand Chopal and she, after telling her elder sister that she was going to toilet, had left the place and

accompanied Sunil Kumar to Shimla and stayed in a hotel at Chhota Shimla for four days, thereafter they went to Kangra and Kullu and at Kullu, Sunil

Kumar found a job of manufacturing blocks and at Kullu they stayed for 20-25 days and after that, they went to Karsog. As per statement of victim,

they reached Karsog on 3rd November, 2020 at 2 PM and at about 3.30 PM police reached there and brought them to Chopal.

It is further stated in status report that according to documents, date of birth of victim was 18.5.2004 and at the time of commission of offence, she

was also 16 years and 4 months old. It is also stated that after arrest of petitioner, victim has committed suicide on 9th November, 2020.

It is also stated in status report that as per school record, date of birth of Sunil Kumar is 3 rd April, 2004 and according to this date of birth, he is

less than 17 years. However, there is no record of his date of birth in Panchayat and in school record also, his date of birth was recorded so on the

basis of affidavit submitted by his father and in these circumstances, learned Sessions Judge, Shimla vide order dated 10.12.2020, has directed to

conduct the ossification test of petitioner, which is yet to be conducted.

It is apparent from status report that age of petitioner is yet to be verified and on the basis of available documents, his date of birth is 3rd April, 2004

and it is proposed by Investigating Agency that after verification of age of petitioner, supplementary challan shall be presented in Court, as challan in

case has been presented in Court on 24.12.2020.

In aforesaid facts and circumstances of the case, without commenting upon the material placed on record on its merit, I find that it is a fit case,

where the petitioner is entitled to be enlarged on bail. Accordingly, he is ordered to be enlarged on bail on furnishing personal bond in the sum of

Rs.30,000/-with one surety in the like amount to the satisfaction of learned trial Court within two weeks from today and also subject to further

conditions enumerated hereinafter, in addition to other or further conditions imposed by trial Court as deemed fit by that Court:-

(i) That the petitioner shall make himself available during investigation as well as the trial on each and every date as and when required;

(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 her from disclosing such facts to Court or to any police officer or tamper with the evidence. She shall not, in any manner, try to overawe

or influence or intimidate the prosecution witnesses;

(iii) That he shall not obstruct the smooth progress of the investigation as well as trial;

(iv) That he shall not jump over the bail;

(v) That he shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in advance, to concerned Police

Station.

(vi) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is

suspected;

(vii) That petitioner shall not misuse his liberty in any manner;

(viii) That he shall not leave the country without prior permission of Court.

It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and

circumstances of the case and in the interest of justice and thereupon it will also be open to the trial Court to impose any other or further condition on

the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any condition imposed upon them, his bail shall be liable to be cancelled. In such eventuality, prosecution may

approach the competent Court of law for cancellation of bail in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG/Misc.Instructions/93-

IV.7139 dated 18.3.2013.

Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application

filed under Section 439 of Code of Criminal Procedure 1973.

It is directed that trial Court shall not insist for certified copy of order and can verify the same from High Court Website and from Registry before

accepting the bail bonds to be furnished by petitioner.

Petition stands disposed of.

Dasti copy on usual terms.