Yash Thakur vs State Of Himachal Pradesh

Virender Singh, J

Applicant-Yash Thakur has filed the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), seeking his release on bail, during the pendency of trial, in case FIR No. 02 of 2023, dated 27th February, 2023, registered with Women Police Station BCS, Shimla, District Shimla, H.P., under Sections 376, 506, 323 and 427 of the Indian Penal Code (hereinafter referred to as ‘IPC’).

According to the applicant, he is innocent and has falsely been implicated, in this case, as he is not having any connection with the allegations levelled against him.

It is the case of the applicant that the story of the police is highly doubtful and improbable and there is no medical evidence, connecting the applicant, with the commission of the alleged offences. The FIR is stated to have been registered on the basis of false witnesses, procured by the police.

The applicant has also tried his luck by moving the Bail Application bearing No. 90/2023, before the Court of learned Additional Sessions Judge, Fast Track Special Court (Rape/POCSO), Shimla, however, his bail application was dismissed, vide order, dated 18th April, 2023.

Apart from this, the learned counsel appearing for the applicant has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, he is released on bail, by this Court, during the pendency of the trial.

On the basis of the above facts, a prayer has been made to allow the bail application.

When put to notice, the police has filed the status report, disclosing therein, that on 27th February, 2023, the victim (complainant) moved a complaint, stating therein that she is known to Yash Thakur (applicant) for the last six months. He was her good friend and they used to talk over phone. She had come to Shimla for her treatment. On 26th February, 2023, the applicant called her and was asking her to meet him. When she refused, the applicant started to threaten and abuse her, whereupon, she went to meet him. When they met, the applicant assaulted her, snatched her phone and money and forcibly took her to Hotel and ravished her without her consent. Thereafter, when the victim asked the applicant to marry her, he refused. The accused (applicant) tried to take her forcibly to Solan, but, she managed to escape. The applicant threatened her not to disclose this fact to anyone, otherwise, he will kill the victim and her family.

7.1. On the basis of the above complaint, FIR was registered and the criminal machinery swung into motion. The statements of the victim and her father were recorded, under Section 161 CrPC. The victim and the applicant were medico-legally examined and their MLCs were procured. The other codal formalities were also completed.

7.2. As per the status report, the samples, so collected, have been sent to State Forensic Science Laboratory, Junga, for chemical analysis and DNA profiling. The report is stated to be still awaited.

7.3. It is the case of the police that after receiving the report from the State Forensic Science Laboratory, Junga, the challan will be filed in the Competent Court of Law.

7.4. In addition to this, it is the case of the police that the applicant is already facing a trial in case FIR No. 262 of 2020, dated 17th December, 2020, registered under Section 20 of NDPS Act and case FIR No. 50 of 2021, dated 7th October, 2021, registered under Sections 341, 323, 354, 376 IPC and Section 3 (i) (x) of SC&ST Act. Both these cases are stated to be still pending, in the Competent Court of Law, for adjudication.

7.5. Lastly, it has been submitted in the status report that the investigation, in the present case, is complete however, apprehensions have been expressed that the applicant is very clever person and in case, he is released on bail, he may again indulge in the similar activities and may also coerce the complainant, as well as, the other witnesses, not to depose against him.

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

The role allegedly played by the applicant in the commission of the crime will be proved during the course of the trial. No doubt, as stated in the status report, two cases have been registered against the applicant, apart from the present one, but, mere registration of those cases, does not take away the presumption of innocence, which is available to the applicant. Moreover, it is an admitted fact that no conviction has been recorded by the Competent Court of Law, in both the above cases.

The pre-trial punishment is prohibited under the law. As such, the bail application cannot be rejected only as a matter of punishment.

The investigation, in the present case, is complete and no useful purpose would be served by keeping him in judicial custody, especially, in view of the fact that the chances of the commencement and conclusion of the trial against the applicant, in near future, are not so bright.

So far as the apprehensions, so expressed by the police, in the status report, are concerned, for those apprehensions, reasonable conditions can be imposed.

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

Consequently, the bail application is allowed and the applicant is ordered to be released on bail in case FIR No. 2 of 2023, dated 27th February, 2023, registered with Women Police Station BCS, Shimla, District Shimla, H.P., under Sections 376, 506, 323 and 427 IPC, on his furnishing personal bail bond, in the sum of Rs.50,000/-, with one surety of the like amount, to the satisfaction of the learned trial Court. 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 promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and

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

Any of the observations, made hereinabove, shall not be taken as an expression of opinion on the merits of the case and the learned trial Court shall decide the matter uninfluenced by any of the observations made hereinabove.

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 violated by the applicant.

The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub-Jail Kaithu, through e-mail, with a direction to enter the date of grant of bail in the e-prison software.

In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Sub-Jail Kaithu, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, Sub-Jail Kaithu, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.