IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.M.P (M) No. 1816 of 2018
Date of decision: 7.1.2019
.
Balwinder Singh. …Petitioner
Versus
State of Himachal Pradesh. …Respondent
Coram
The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr.N.K. Thakur, Senior Advocate with Mr.Karan
Vir Singh Advocate.
For the Respondent: Mr.Shiv Pal Manhans, Additional Advocate
General, with Mr.R.P. Singh and Mr.Raju Ram
r Rahi, Deputy Advocate Generals.
SI Arjun Dev, Police Station Amb, District Una,
H.P. present in person along with record.
Vivek Singh Thakur, Judge (oral)
Present petition has been filed seeking regular bail under
Section 439 Cr.P.C. in case FIR No. 4 of 2018, dated 4.1.2018 under
Sections 376-D, 313, 506 and 34 of Indian Penal Code (in short ‘IPC’),
registered at Police Station, Amb, District Una, H.P.
2. Status report stands filed. Record has also been produced.
3. Petitioner is in custody since 28.6.2018 in pursuance to the
complaint lodged by victim alleging her violation by one Parminder Singh,
Sarpanch, on the pretext of adopting her son, as she, after having matrimonial
dispute with her husband Daljinderjot Singh, was living separately along with
her son. It is further case of prosecutrix that in the month of September,
2017, she was asked by said Parminder Singh to accompany him to Baba
Barbhag Singh without her son, as they had to walk a long distance and
accordingly she accompanied him and at that time he was accompanied by
his two friends, one of which was the petitioner Balwinder Singh. According to
Whether the reporters of the local papers may be allowed to see the Judgment? Yes
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her before reaching Baba Barbhag Singh, they stayed in hotel Nardev in two
rooms and in one room she and Parminder Singh had checked in and during
evening she was made to consume liquor along with these three persons and
.
according to her some intoxicant was mixed in the liquor, as a result of which
she lost her consciousness and all of these three companions violated her
during night and she came to know about it when, after gaining senses, she
found herself naked on a double bed along with these three naked persons
and she also noticed injuries on her private parts and breasts etc. and when
she intended to make a complaint, they threatened to kill her and her child as
well as her mother, who were residing at Sangroor and as there was no male
member to protect them, she could not make the complaint. However, in
November, 2017, she found herself pregnant and on disclosure of this fact,
Parminder Singh had forced her for abortion by administering some medicine
but there was partial miscarriage, resulting into surgical abortion on
23.11.2017 on the advice of doctor. According to complainant, she was
continuously being threatened by Parminder Singh, who had started avoiding
her phone calls, therefore, she found herself totally insecure in Sangroor, but
after gathering some courage with the help of certain friends, she lodged a
complaint on 4.1.2018.
4. Parmidner Singh and Balbir Singh co-accused are still
absconding and are not traceable, despite issuance of non bailable warrants
against them.
5. The investigation against the petitioner is complete and challan
has been presented in the Court and next date of hearing is fixed for
15.1.2019 before learned Additional Sessions Judge-I, Una.
6. Petitioner has also placed on record, FIR No. 76 dated 9.3.2016,
registered in Police Station, City Sangroor and FIR No. 59 dated 7.6.2018
registered in Police Station Longowal, District Sangroor, wherein complainant,
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3 Cr.M.P (M) No. 1816 of 2018
therein, had alleged the involvement of present complainant (prosecutrix) and
her mother along with others in commission of offence under Section 376 IPC
in first case and commission of offence under Sections 494, 495, 496, 506,
.
420 and 120-B IPC. in the second FIR.
7. Without going into the correctness of these FIRs lodged against
the complainant herein, I would like to observe that even in case of a woman
of easy virtue, consent for violating her person cannot be taken as granted.
Each and every incident is to be evaluated on the basis of peculiar evidence
of that case and therefore, registration of cases against complainant cannot
be a sole ground for enlarging a person alleged to have committed offence
against the complainant subsequent to or prior to lodging of FIRs against the
complainant.
8. Petitioner had also filed a bail application before learned
Additional Sessions Judge-II Una, which was rejected mainly on the ground
that bail application under Section 438 Cr.P.C. filed by applicant/co-accused
Parminder Singh had already been dismissed by the said Court.
9. Main allegations of the complainant is against Parminder Singh,
who is still absconding and the role of petitioner in the entire episode of
alluring, misrepresenting and exploiting the complainant is entirely different
than that of Parminder Singh, but main accused Parminder Singh, after
dismissal of his anticipatory bail by Additional Sessions Judge-II, is still
absconding along with co-accused Balbir.
10. Learned Deputy Advocate General submits that petitioner
belongs to a place out of the State, however, learned counsel for the
petitioner has submitted that the petitioner is ready to furnish local surety and
to abide by any conditions imposed by this Court.
11. Keeping in view the entire facts and circumstances placed
before me by the petitioner as well as prosecution, coupled with the fact that
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the challan against the petitioner has been presented and there is no other
allegation except the involvement of the petitioner in any other incident except
present one occurred in September, 2017, the petitioner is ordered to be
.
released on bail, on his furnishing personal bond in the sum of `50,000/- with
one local surety, as proposed by learned counsel for the petitioner, in the like
amount to the satisfaction of learned trial Court, subject to the following
conditions:-
(i) That the petitioner shall make himself available to the
police or any other Investigating Agency or Court in the
present case as and when required;
(ii) that the petitioner shall 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 from
disclosing such facts to Court or to any police officer or
tamper with the evidence. He shall not, in any manner, try
to overawe or influence or intimidate the prosecutionwitnesses;
(iii) that he shall not obstruct the smooth progress of the
investigation/trial;
(iv) that the petitioner shall not commit the offence similar to the
offence to which he is accused or suspected;
(v) that the petitioner shall not misuse his liberty in any
manner;
(vi) that the petitioner shall not jump over the bail;
(v) that he shall not leave the territory of India without prior
information. He shall furnish his temporary and permanent
address along with Mobile Number/contact telephone number(s)
to the Investigating Officer and shall keep informing change in
address/Mobile Number/telephone numbers, if any, to the
concerned Police Station regularly, during the pendency of the
trial.
12. It will be open to the prosecution to apply for imposing and/or to
the trial Court to impose any other condition on the petitioner as deemed
necessary in the facts and circumstances of the case and in the interest of
justice.
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13. In case the petitioner violate any conditions imposed upon him,
his bail shall be liable to be cancelled. In such eventuality, prosecution may
approach the competent Court of law for cancellation of bail, in accordance
.
with law.
14. Learned trial Court is directed to comply with the directions issued
by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-
IV.7139 dated 18.03.2013.
15. Observations made in this petition hereinbefore shall not affect
the merits of the case in any manner and are strictly confined for the disposal
of the bail application.
16. Petition stands disposed of in the aforesaid terms.
Copy Dasti.
(Vivek Singh Thakur),
th
7 January, 2019 Judge.
(KRS)
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