Vikrant Thakur vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 182 of 2022, dated 05.09.2022, registered under Sections 376, 354(A) & 506 read with Section 34 of the Indian Penal Code and Sections 4 and 12 of the POCSO Act at Police Station Sundernagar, District Mandi, H.P.

Learned Senior Counsel appearing for the petitioner has argued that the petitioner is 18 years old, who has been falsely implicated in the present case. He further informs the Court that the petitioner is undergoing education in an ITI at Sundernagar and the other accused has already been released on bail by the learned Sessions Court. He further submitted that as the investigation is complete and the challan already stands filed, therefore, in these circumstances, no purpose is going to be served by further detaining the petitioner in custody and in the event of the petitioner being released on bail, he will abide by all the conditions that may be imposed upon him by the Court. Learned Senior Counsel has also submitted that falsity of the allegations is evident from the fact that the victim has refused her medical examination.

The petition is opposed by learned Additional Advocate, who has submitted that the victim is a minor and the offences alleged to have been committed by the petitioner are grave. He further submitted that as the petitioner happens to be local resident of the area, there is every possibility that if released on bail, he will try to influence the witnesses etc. and this may create hindrances in the course of fair trial. Accordingly, he prayed that the present petition be dismissed.

I have heard learned Senior Counsel for the petitioner as well as learned Additional Advocate General and have also gone through order, dated 26.11.2022, passed by the Court of learned Special Judge, POCSO, Mandi, District Mandi, H.P., in terms whereof, the bail petition filed by the petitioner was dismissed as also the status report.

The FIR in the case is dated 05.09.2022. The investigation is stated to be complete and challan has already been filed in the Court. Whereas the age of the petitioner is stated to be about 18 years and 5 months, that of the victim is stated to be about 16 years and 2 months. Having carefully perused the contents of the status report which depicts the background in which the FIR in issue was lodged and further taking into consideration not only the age of the victim but of the petitioner/accused also and also the fact that the investigation is complete and challan already stands filed in the Court, this Court is of the considered view that no purpose will now be served by detaining the petitioner in custody, more so, in view of his age. As far as the apprehension of learned Additional Advocate General is concerned, the State is hereby given liberty that if the petitioner abuses any of the conditions being imposed upon him in the course of grant of bail to him, the State shall be at liberty to approach this Court for cancellation of bail.

Accordingly, this petition is allowed and the petitioner is ordered to be released on bail in FIR No. 182 of 2022, dated 05.09.2022, registered under Sections 376, 354(A) & 506 read with Section 34 of the Indian Penal Code and Sections 4 and 12 of the POCSO Act at Police Station Sundernagar, District Mandi, H.P., subject to his furnishing bail bonds in the sum of twenty five thousand with one surety of the like amount to the satisfaction of concerned Chief Judicial Magistrate/ Additional Chief Judicial Magistrate/Judicial Magistrate First Class. The petitioner shall also abide by the following conditions:-

“(a) He shall attend the Trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

(b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

(c) He shall not 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 Court or the Police Officer; and

(d) He will not leave the territorial jurisdiction of the Trial Court without the leave of the Court."

It is clarified that the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned Trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during trial of the case. It is further clarified that in case the petitioner does not comply with the conditions which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of bail. The petition stands disposed in above terms.

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