Vijay Pal vs State of H.P.

Surjit Singh, J.—Heard and gone through the record.

Petitioner, who has been in custody since 4th September, 2010, in a case, under Sections 363, 366 and 376 of the Indian Penal Code, registered against him at Police Station Rajgarh, vide FIR No. 48 of 2010, dated 30th August, 2010, has approached this Court for release on bail, by means of the present petition, u/s 439 of the Code of Criminal Procedure.

Accusation that has been made against the Petitioner is that on 26th August, 2010 he kidnapped a 17 years old daughter of Rajinder Singh from his house and took her to his own residence and had been committing sexual intercourse with her without her consent and against her will, till the police recovered the girl from his house on 30th August, 2010.

Age of the girl was 17 years at the relevant time. Case was registered at the instance of the father of the girl, on 30th August, 2010. Statement of the girl, recorded u/s 161 of the Code of Criminal Procedure, on the very day of her recovery, suggests that she had been in love with the Petitioner, despite her knowing that he was already married and had children also.

In view of the abovestated position, petition is allowed and the Petitioner is ordered to be released on his furnishing bail bond in the sum of Rs. 20,000/- with one surety in the like amount, to the satisfaction of the Chief Judicial Magistrate, Nahan. Order is subject to the following conditions:

Petitioner shall keep himself away from the prosecutrix, during the investigation and the trial of the case.

He shall not try to tamper with the evidence of the prosecution or influence or browbeat the witnesses of the prosecution.

He shall join investigation as, when and where called upon to do so.