IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP(M) No.1593 of 2017.

Decided on: 10th January, 2018.

_

.

Narayan Singh …Petitioner.

Versus
State of H.P. …Respondent.
Coram

The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting?1
For the petitioner : Mr. Lalit Kumar Sehgal, Advocate.
For the respondent : Mr. Virender Kumar Verma, Addl. AG

and Mr. Pushpinder Jaswal, Dy. AG with
Mr. Rajat Chauhan, Law Officer.

ASI Dinesh Kumar, Women Police Station,
Mandi, District Mandi, present in person.

Chander Bhusan Barowalia, Judge (oral).

The present bail application has been maintained by the

petitioner, under Section 439 of the Code of Criminal Procedure

seeking his release in case FIR No. 03 of 2017, dated 21.01.2017,

under Sections 376, 506 of the Indian Penal Code, 1860 (for short

“IPC”) and Sections 6 and 10 of Protection of Children from Sexual

Offences Act, 2012 (hereinafter referred to as “POCSO Act”) registered

at Women Police Station, Mandi, District Mandi, H.P.

2. As per the petitioner, he 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, so he may be released on bail.

1

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

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

21.01.2017 the prosecutrix, who is a minor (name withheld),

accompanied by her mother reported to the police that she is studying

.

in 7th Class in Government Senior Secondary School, Galma. As per

the prosecutrix, her parents have taken divorce and she lives with her

father, younger brother and ‘taya’. In the month of February, 2016,

the father of the prosecutrix (petitioner herein) came in her room and

sexually assaulted her. Thereafter, the petitioner sexually assaulted her

daily and she did not divulge this fact to anyone, as he had threatened

her. In July, 2016, the petitioner married another lady and whenever

the step mother of the prosecutrix was away to her parents’ house, the

petitioner committed sexual assault on her. The prosecutrix has

further alleged that 2-3 months back, when no one was present in the

house, her ‘taya’ came and inappropriately touched in her private parts

and also threatened her. On 20.01.2017, the prosecutrix came to her

nani’s house and narrated the entire episode to her nani. The

investigation in the case was conducted. The prosecutrix and the

accused were medically examined. The statement of the prosecutrix

was recorded under Section 164 Cr.P.C. The petitioner and another

accused were arrested. The co-accused was released on bail by this

Hon’ble Court. After completion of the investigation the challan was

presented in the learned Trial Court. Now, the case is listed before the

learned Trail Court on 12.3.2018 for prosecution evidence. Lastly, the

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prosecution has prayed that the bail application of the petitioner may

be dismissed.

4. Heard. Learned counsel appearing on behalf of the

.

petitioner has argued that the petitioner is innocent and prays that he

may be released on bail. On the other hand, learned Additional

Advocate General, on instructions received from the Investigating

Officer, submitted that almost five witnesses in this case has already

been examined by the prosecution and now, the case is listed for

examination of the remaining prosecution witnesses on 12th March,

2018 before the learned Trial Court and the case is likely to be

completed very soon. He has further argued that in case, the

petitioner is enlarged on bail, he may tamper with the prosecution

evidence and also flee from justice, so the present is a fit case where

the bail is required to be dismissed. In rebuttal, learned counsel

appearing on behalf of the petitioner has argued that the petitioner is

behind the bars since long and he is not in a position to tamper with

the prosecution evidence and is also not in a position to flee from

justice, so he may be released on bail.

5. I have gone through the rival contentions of the parties

and the police record in detail.

6. At this stage, taking into consideration the material,

which has come on record, specific allegations leveled against the

petitioner, the age of the prosecutrix and also the relationship between

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the petitioner and the prosecutrix, this Court finds that the petitioner is

in a position to tamper with the prosecution evidence and he is also in

a position to flee from justice, thus the present is not a fit case where

.

the judicial discretion to admit the petitioner on bail is required to be

exercised in his favour.

7. The petition, which sans merit, deserves dismissal and is

accordingly dismissed. However, keeping in view the overall aspects of

the case and the request made by the learned counsel for the

petitioner seeking a direction to the learned Trial Court for expeditious

disposal of the matter, the learned Trail Court is expected to dispose of

the matter as expeditiously as possible and the parties are also

expected to make every endeavour to assist the learned Trail Court for

speedy disposal of the case.

(Chander Bhusan Barowalia)
10th January, 2018 Judge
(CS)

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