Virender Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner is accused of offences under Sections 451, 354, 506, 376 of the Indian Penal Code and Section 3(1) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 in FIR No. 46/2021, dated 30.4.2021, registered at Police Station, Puruwala, District Sirmour.

He prays for grant of regular bail.

FIR was registered on the basis of a complaint lodged on 30.4.2021 by the prosecutrix. The allegations levelled were that on 28.4.2021 at around

7:00 a.m. while the prosecutrix was washing utensils, the petitioner entered her home and started outraging her modesty. He thereafter beat-up the

brother-in-law of the prosecutrix and also threatened her and her family members with dire consequences. It was also alleged that on 25.5.2018, the

petitioner had raped the prosecutrix and had used derogatory words against her, which are prohibited under the Act. The prosecutrix alleged that

petitioner is in the habit of outraging her modesty and has exploited her physically and mentally over the last many years. On the basis of these

allegations, the FIR was registered.

Learned counsel for the petitioner argued that the petitioner is innocent and has been falsely roped by the prosecutrix. Learned counsel further

submitted that a civil litigation is going on between the petitioner and the family members of the complainant including her brother-in-law. A copy of

interim order dated 15.6.2020 passed by the learned Senior Civil Judge, Paonta Sahib, District Sirmour in civil suit No. 64/6 of 2020 instituted by the

petitioner alongwith another against various persons including brother-in-law of the complainant has been brought on record. It was contended that the

petitioner did not use derogatory words attributed to him in the FIR. It was also stated that pursuant to the interim protection granted to the petitioner

vide order dated 10.5.2021, he has joined the investigation and is co-operating the investigating agency.

Learned counsel for the petitioner further submitted that the petitioner will continue to abide by the terms and conditions which have been imposed

upon him in case the interim protection granted in his favour vide order dated 10.5.2021 is confirmed.

Whereas learned Additional Advocate General opposed the bail petition and contended that the petitioner is alleged to have committed serious

offences. However, it was admitted by learned Additional Advocate General that the petitioner has joined the investigation and is co-operating with

the investigating agency. Learned Additional Advocate General also submitted that in case this court is inclined to confirm the interim protection

granted to the petitioner vide order dated 10.5.2021, the same be made subject to stringent conditions including that the petitioner will not contact or

threaten the complainant and further that he will continue to join the investigation as and when directed by the investigating agency.

The complainant has alleged her molestation by the petitioner on 28.4.2021 at around 7:00 a.m. in her home in presence of her family members. She

also alleged that petitioner raped her on 25.5.2018 and threatened her with dire consequences. However, FIR was lodged three years later in respect

of the alleged incident of rape. The documents on record produced by the petitioner do reflect pendency of a civil litigation between the petitioner and

family members of the complainant before the learned Senior Civil Judge at Paonta Sahib. Without going further into the evidence, lest it causes

prejudice to the case of either parties, considering the above aspects as well as the fact that the petitioner has joined the investigation pursuant to the

interim protection granted to him vide order dated 10.52021, the same is made absolute subject to the following conditions:

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully

cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever:

(iii) Petitioner shall not contact the complainant or his family members in any manner whatsoever. Petitioner shall not contact, threaten or intimidate

the victim in any manner whatsoever.

(iv) Petitioner will not leave India without prior permission of the Court.

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

(vi) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vii) 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 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. Learned trial Court shall decide the matter without being influenced by any of the above observations.

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

Copy Dasti.