Vijay Kumar vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure seeking his release in case

FIR No.176 of 2021, dated 8.12.2021, under Sections 452, 354 of the Indian Penal Code and Section 8 of the Protection from Children from Sexual

Offence Act, 2012, registered at Police Station Sarkaghat, District Mandi, H.P.

As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of

the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by

sending him behind the bars for an unlimited period, so he be released on bail.

Police report stands filed. As per the prosecution story, a complaint was lodged by the complainant before the police alleging therein that on

7.12.2021, child victim was alone in her house. She was on the upper floor of the house and brooming the floor. Around 12:00 noon, bail petitioner,

who is uncle (Taya ji) of child victim came to her house. On hearing the sound of opening of gate, child victim came down stairs and found bail

petitioner there. The petitioner asked her to give him pillow covers, on which, she showed unavailability of the pillow covers. Thereafter, the bail

petitioner pushed her towards the room and caught hold of her from her breasts and started pressing her breasts, on which, she screamed and pushed

him and ran away from the spot. On this complaint, FIR No.176 of 2021, dated 8.12.2021, under Sections 452, 354 of the Indian Penal Code and

Section 8 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Sarkaghat, District Mandi, was registered

against the bail petitioner. Lastly, it is prayed that the instant bail application may be dismissed, as the petitioner has committed a serious offence and in

case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the instant

bail petition may be dismissed.

I have heard the learned Senior counsel for the petitioner, learned Additional Advocate General for the State and gone through the records,

including the police report, carefully.

Learned Senior counsel for the petitioner has argued that the petitioner is permanent resident of the place and neither in a position to tamper with

the prosecution evidence nor in a position to flee from justice. He has argued that no fruitful purpose will be served by sending him behind the bars for

an unlimited period even challan stands presented before the learned trial Court, so the custody of the petitioner is not at all required by the police for

any purpose. It has been argued that the petitioner cannot be kept behind the bars for an unlimited period, so the petitioner may be enlarged on bail by

allowing the instant bail petition.

On the other hand, learned Additional Advocate General has argued that the petitioner has committed a serious crime and in case, at this stage, he

is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail application of the petitioner

may be dismissed.

In rebuttal, the learned counsel for the petitioner has argued that the petitioner is permanent resident of the place, neither in a position to flee from

justice nor in a position to tamper with the prosecution evidence. Investigation is complete and even challan stands presented in the learned trial Court,

so the custody of the petitioner is not at all required by the police for any purpose. It has been argued that the petitioner cannot be kept behind the bars

for an unlimited period, so the petitioner may be enlarged on bail by allowing the instant petition.

At this stage, considering the facts that the petitioner is permanent resident of the place, neither in a position to tamper with the prosecution

evidence nor in a position to flee from justice, the investigation is complete, even challan stands presented in the learned trial Court, so the custody of

the petitioner is not at all required by the police for any purpose, also considering the facts that the petitioner cannot be kept behind the bars for an

unlimited period, the petitioner is ready and willing to abide by the terms and conditions of the bail, in case he is enlarged on bail and also considering

the overall facts, which have come on record and without elaborately discussing the same at this stage, this Court finds that the present is a fit case

where the judicial discretion to admit the petitioner on bail, is required to be exercised in his favour. Accordingly, the instant petition is allowed and it is

ordered that the petitioner, in case FIR No.176 of 2021, dated 8.12.2021, under Sections 452, 354 of the Indian Penal Code and Section 8 of the

Protection from Children from Sexual Offence Act, 2012, registered at Police Station Sarkaghat, District Mandi, be forthwith released on bail on his

furnishing personal bond to the tune of `50,000/- (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the trial Court.

The bail is granted subject to the following conditions:

i. That the petitioner will appear before the learned Trial Court/police/authorities as and when required.

ii. That the petitioner will not leave India without prior permission of the Court.

iii. That the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade him/her from disclosing such facts to the Investigating Officer or Court.

In view of the above, the petition is disposed of.

Needless to say that the observations made hereinabove are only confined for adjudication of the present case and the same shall have no bearing

on the merits of the main case, which shall be adjudicated on its own.

Copy dasti.