Vishal vs State Of H.P

Virender Singh, J

Applicant-Vishal, has filed the present bail application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.PC’), for releasing him, on bail in case F.I.R. No. 242/2022, dated 11.12.2022, registered under Sections 376, 511 and 323 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), with Police Station Ghumarwin, District Bilaspur, H.P.

According to the applicant, he is an innocent person and has nothing to do with the offences, for which, he has been arrested, in this case by the police.

Investigation of the case is also stated to be completed and no useful purpose would be served by keeping the applicant in judicial custody. The applicant has also pleaded that he is local person and is having deep roots in the society and he is ready to abide by any of the conditions imposed upon him by this Court.

Apart from this, it has been pleaded in the application that applicant has tried his luck by moving an application under Section 439 Cr.P.C. before the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., however, the same has later on withdrawn from the said Court.

When put to notice, the police has filed status report, disclosing therein, that on 10.12.2022, the statement of the prosecutrix, recorded under Section 154 Cr.P.C. received. In the complaint, the prosecutirx has got recorded that she is pursuing her M.A. from Government Degree College, XX (name withheld). On 10.12.2022, at about 5.00 PM, the prosecutrix came to Luharda from her native place in order to purchase articles, when, she reached at 400 yards from her house, one boy found came there from Luharda side and inquired from the prosecutrix about the name of a place, upon which, the prosecutrix had shown her ignorance and requested him to inquire the same from the shopkeeper, upon which, he had not replied. The prosecutrix, when proceeded a little ahead, the boy again came on bullet motorcycle black coloured, having registration No.HP-23D-4682, he had started following her. Thereafter, he put the motorcycle on stand and pushed the prosecutrix towards the bushes, when, prosecutrix fell down, then, he removed her pant partially, upon which, the prosecutrix kicked him and started screaming. Due to fall, prosecutrix suffered injury on her right foot and knee and her trouser has also been torn. Thereafter, she had started running towards her house. When, she reached at her house, her sister-in-law has also told that one boy was found following them. When, the prosecutrix screamed, her sister, mother, Tai and brother along with other persons reached on the spot. On seeing them, the said boy had fled away from the spot. She has prayed that suitable action be taken against the said boy.

On the basis of above facts, Police registered the FIR and police machinery swung into motion.

During investigation, on the basis of registration of bullet motorcycle bearing No.HP-23D-4682, accused was summoned to the Police Station and got identified from the prosecutrix.

On the basis of above facts, the accused was arrested and during investigation, it was found that no criminal case has been registered against the applicant.

On the basis of above facts, it has been apprehended that due to the heinous crime committed by the accused, there is resentment in the general public and due to the said act, the prosecutrix and her family is under trauma.

On these submissions, a prayer has been made to dismiss the bail application.

Heard.

The accused is presently in judicial custody, meaning thereby his custodial interrogation is no more required by the police. The chances of commencement and conclusion of the trial against the accused are very bleak and as such, no useful purpose would be served by keeping the applicant in judicial custody for the indefinite period. Moreover, presumption of innocence is still available to the applicant. Further, the role allegedly played by the applicant in the commission of the crime, is yet to be proved, during the trial. The status report is totally silent about the fact that the custodial interrogation from the applicant is yet required. The bail application cannot be rejected, as a matter of punishment, as the pre-trial punishment is prohibited under the law.

At the time of deciding the bail application, detailed discussions about the prosecution case, should be avoided, as the same may cause prejudice to the case of prosecution or to the accused. The applicant is a young boy of 24 years and keeping him, in the judicial custody, that too in the company of the hardened criminal, would effect his future.

The accused is local resident and may be available during trial.

There is nothing, in the status report or argued before the Court that the custodial interrogation of the accused is required by the police.

Considering all these facts, this Court of the view that the bail application is liable to be allowed and is accordingly allowed.

The applicant is ordered to be released on bail in case F.I.R. No. 242 of 2022, dated 11.12.2022, registered under Sections 376, 511, 323, of IPC, with Police Station Ghumarwin, District Bilaspur, H.P. on his furnishing personal bond in the sum of Rs.50,000/-, with one surety of the like amount, to the satisfaction of learned ACJM/JMFC, Ghumarwin, District Bilaspur, H.P. This order, however, shall be subject to the following conditions:-

a) He shall make himself available for the purpose of interrogation, if so required and regularly 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 them from disclosing such facts to the Court or Police Officer, and

d) He shall not leave the territory of India without the prior permission of the Court.

Any observations, made herein above, shall not be taken as an expression of opinion on merits of the case, as, these observations are confirmed only to the disposal of the present bail application.

It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant.

The applicant may produce a downloaded copy of the order passed by this Court before the trial Court and the trial Court shall not insist for the certified copy of the order, rather passing of order can be verified from the official web-page of this Court.