SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Cr.Mp(M) No. 1400 Of 2017 vs State Of Himachal Pradesh on 19 December, 2017

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) No. 1400 of 2017
Decided on: 19th December, 2017
Umesh Kumar ….Petitioner
Versus

.

State of Himachal Pradesh …Respondent

Coram
The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge.

Whether approved for reporting?1 NO.

For the petitioner: Mr. Yash W. Chauhan Mr. Raj Negi,
Advocates.

For the respondent/State: Mr. Rajat Chauhan, Law Officer.

SI/SHO Sewa Singh, P.S. Majra, District
Sirmour.

_
Chander Bhusan Barowalia, Judge. (oral).

The present bail application has been moved by the

petitioner under Section 438 of the Code of Criminal Procedure for

releasing him on bail, in the event of their arrest, in case FIR No. 445 of

2017, dated 10.10.2017, under Section 376 IPC and Section 4 of

POCSO Act, registered at Police Station Paonta Sahib, District Sirmour,

H.P.

2. As per the learned counsel for the petitioner, the petitioner

is innocent and has been falsely implicated in the present case. He is

resident of the place and neither in a position to tamper with the

prosecution evidence nor in a position to flee from justice, thus he may

be released on bail.

1

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

20/12/2017 23:10:28 :::HCHP
2

3. Police report stands filed. As per the prosecution story, on

10.10.2017 the prosecutrix moved a complaint to the police alleging

that she is 20 years of age and was in love with the petitioner for the

last three years. As per the prosecutrix, the petitioner on the pretext of

.

marrying her used to make physical relations with her. The petitioner

was drafted in the Army and he used to call the prosecutrix

continuously. The petitioner many times on the pretext of marrying

the prosecutrix established physical relations with her. Thereafter the

petitioner left the prosecutrix. The petitioner came on leave and on

06.10.2017 he took the prosecutrix to his home and forcible committed

sexual intercourse with her. On the basis of the complaint, so filed by

the prosecutrix, police machinery was set into motion and investigation

ensued. The spot map was prepared and the record qua the date of

birth of the prosecutrix was obtained from the concerned Panchayat.

The age of the prosecutrix at the time of the offence was found

seventeen years and five months so Section 4 of POCSO Act was added.

The statement of the prosecutrix was recorded under Section 164

Cr.P.C. and her mobile phone was taken into possession. On

16.12.2017 the petitioner was medically examined and preserved

samples were sent for forensic analysis at SFSL, Junga. As per the

prosecution, the petitioner is yet to be interrogated. Lastly, the

prosecution has prayed that the bail application of the petitioner may

be rejected.

20/12/2017 23:10:28 :::HCHP
3

4. I have heard the learned Counsel for the petitioner, Law

Officer for the State and gone through the record, including the police

report, carefully.

5. The learned Counsel for the petitioner has argued that the

.

petitioner is joining and co-operating in the investigation and his

custodial interrogation is not at all required. He has further argued

that the petitioner is resident of the place, neither in a position to

tamper with the prosecution evidence nor in a position to flee from

justice, so he may be released on bail. Conversely, the Law Officer has

argued that in case the petitioner is released on bail, he may tamper

with the prosecution evidence and may also flee from justice. He has

further argued that the petitioner has committed a serious offence, so

his bail application be dismissed.

6. At this moment, taking into consideration the fact that the

petitioner is resident of the place, neither in a position to tamper with

the prosecution evidence nor in a position to flee from justice, he is

joining and co-operating in the investigation and also the age of the

petitioner, allegations imputed in the complaint, so filed by the

prosecutrix, and also other ancillary circumstances, which have come

on record, the present is a fit case where the judicial discretion to

admit the petitioner on bail, in the event of his arrest, is required to be

exercised in his favour. Under these circumstances, it is ordered that

the petitioner be released on bail, in the event of his arrest, in case FIR

20/12/2017 23:10:28 :::HCHP
4

No. 445 of 2017, dated 10.10.2017, under Sections 376 IPC and

Section 4 of POCSO Act, registered at Police Station Paonta Sahib,

District Sirmour, H.P., on his furnishing personal bond to the tune of

`20,000/- (rupees twenty thousand only) with one surety in the like

.

amount to the satisfaction of the Investigating Officer. The bail is

granted subject to the following conditions:

(i) That the petitioner will join investigation of the
case as and when called for by the Investigating
Officer in accordance with law.

(ii) That the petitioner will not leave India without
prior permission of the Court.

(iii) That the petitioner will not directly or indirectly
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 Investigating Officer or Court.

7. In view of the above, the petition is disposed of.

Copy dasti.

(Chander Bhusan Barowalia)
Judge

19th December, 2017
(virender)

20/12/2017 23:10:28 :::HCHP

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please CLICK HERE to read Group Rules, If You agree then JOIN HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DVACT), Divorce, Maintenance, Alimony, Child Custody, HMA24, 125 CrPc, 307, 313, 376, 377, 406, 420, 506, 509 etc

Web Design BangladeshWeb Design BangladeshMymensingh