Triveshwar Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

By means of instant petition, preferred under Section 438 of the Code of Criminal Procedure, the petitioner is seeking bail in FIR No. 10/2020,

under Sections 376 and 506 of the Indian Penal Code, registered at Women Police Station, Chamba, District Chamba. The interim protection, in view

of the averments made in the bail petition, was granted to the petitioner vide order dated 13.7.2020 subject to conditions mentioned therein.

Heard learned counsel for the parties and gone through the status report as well as the appended record.

2(i) The prosecution case in nut shell against the petitioner is that on 9.7.2020 the prosecutrix had lodged a complaint against the petitioner to the

effect that she was married in 2011 with one Ashwani Thakur. The couple has a daughter presently aged around seven years. Differences arose

between the husband and the wife and they started living separately after around one year of the marriage. It appears from her allegations that some

litigation in respect of grant of maintenance is also pending between them. The wife i.e. the prosecutrix claims to have divorced her husband on the

basis of some statement made before the Notary Public at Dalhosie.

2(ii) Prosecutrix further stated in her complaint that in 2018 she became acquainted with the petitioner through Facebook. The acquaintance developed

into a love relationship. The petitioner allegedly promised to marry her and on the basis of that promise established forcible physical relations with her.

The prosecutrix allegedly opposed maintaining sexual relationship with the petitioner, however, despite her objections and resistance the petitioner

continued sexually exploiting her. Prosecutrix complained about her sexual exploitation to her mother as well as mother of the petitioner. The petitioner

on the asking of the prosecutrix’s mother reiterated his promise to marry the prosecutrix. Prosecutrix further alleged that she had been sexually

harassed and exploited w.e.f. September 2018 to 16.6.2020 by the petitioner under false promise of marriage. Petitioner is also alleged to have

extended threatening for doing away her life.

On the basis of these allegations made in the complaint, instant FIR was lodged on 9.7.2020. Interim protection was granted to the petitioner on

13.7.2020. According to the status report, the petitioner thereafter has joined the investigation and is co-operating with the same. During investigation,

statements of the witnesses were recorded under Section 161 Cr.P.C. Statements of the prosecutrix was recorded under Section 161 as well as 164

Cr.P.C.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated with the alleged offence. The petitioner and prosecutrix

are very well known to each other for the last many years. At best it was a case of consensual sexual relationship between the two. He has further

submitted that the petitioner has already joined the investigation and shall continue to join and co-operate the Investigating Agency. He further

submitted that petitioner will not jump the bail and will neither influence the prosecution witnesses nor will temper the prosecution evidence

whatsoever. Learned Assistant Advocate has not denied that the petitioner has joined investigation and is co-operating with the same. He submitted

that strict conditions be imposed against the petitioner in the event of grant of bail to him so that he does not threaten the complainant and does not

influence the prosecution witnesses or temper the prosecution evidence.

The record appended along with the status report suggests that the allegations levelled by the prosecutrix in the complaint in question were

previously also levelled by her on 18.3.2020 but she did not pursue her complaint further at that time. The reason for doing so as it comes out in her

statement recorded under Section 161 Cr.P.C. is the subsequent repentance allegedly expressed by the petitioner with assurance that he will not

interfere with her life in future. However, in the complaint in question, on the basis of which instant FIR has been registered on 9.7.2020, she has

again complained about having been forced to have sexual relations with the petitioner till 16.6.2020 under false promise of marriage extended by him.

Prosecutrix is a matured lady aged about 34 years with a daughter aged around seven years. She herself states about having been lawfully married to

one Ashwani Thakur with whom she is statedly involved in maintenance proceedings. Whether she can claim to be divorced from her husband on the

basis of some statements given to a Notary as alleged in the complaint is another question. All the allegations will be required to be gone into during

trial.

The petitioner has already joined the investigation and is co- operating with the Investigating Agency. He is resident of Moholla Suara, Chamba Town

and his presence can be ensured in the trial.

In view of the nature of the allegations levelled against the petitioner and in view of the version of prosecutrix, without going into the details of same at

this stage, I am inclined to confirm the interim protection granted in favour of the petitioner vide order dated 13.7.2020 subject to the following

conditions:

(i) The petitioner shall join the investigation of the case as and when called for by the Investigating Officer in accordance with law and shall cooperate

with the Investigating Agency.

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

(iii) The petitioner shall not contact the complainant, threaten or browbeat her or to use any pressure tactics in any manner whatsoever.

(iv) The petitioner shall not leave India without prior permission of the Court.

(v) 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 from disclosing such facts to the Court or any Police Officer;

(vi) The 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 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.

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

The parties shall not insist upon for obtaining certified copy of this order and shall download the same from the website of the High Court. However,

the Registry is directed to send coy of this order to learned counsel for the parties through email subject to furnishing email addresses by them, if so

required.

Authenticated copy of this judgment duly authenticated by the Secretary be supplied to learned counsel for the parties, if so requested.