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Cr.Mp(M) No. 1159 Of 2018 vs State Of Himachal Pradesh on 13 September, 2018

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) No. 1159 of 2018
Decided on: 13th September, 2018
Manoj 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. Naresh K. Sharma, Advocate.

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

_
Chander Bhusan Barowalia, Judge. (oral).

The present bail application has been moved by the

petitioner under Section 439 of the Code of Criminal Procedure seeking

his release in case FIR No. 88 of 2017, dated 11.04.2017, under

Section 363, 376 IPC and Section 4 of POCSO Act, registered in Police

Station Ghumarwin, District Bilaspur, H.P.

2. As per the averments made in the petition, 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, so he may be

released on bail.

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

11.04.2017, Shri Jeet Ram (complainant), moved a written complaint

1
Whether reporters of Local Papers may be allowed to see the judgment? Yes.

13/09/2018 23:04:12 :::HCHP
2

to the police, wherein it has been alleged that on 11.04.2014 his sister,

prosecutrix (name withheld), went to see nalwari (a village fair) and

when the prosecutrix did not return, the complainant alongwith other

.

searched her, but in vain. The complainant raised apprehension that

the prosecutrix could have been taken away by the petitioner, so a case

was registered and the investigation ensued. On 12.04.2017 the

prosecutrix was recovered from IPH Chowk, Ghumarwin, and the

petitioner was arrested. The police recorded the statements of the

witnesses and she was medically examined. On the anvil of the

statement of the prosecutrix, Section 376 was also added.

r Police

prepared the spot maps and the spots were photographed and

videographed. Police also recovered a motor cycle having registration

No. HP23C-3491, which was taken into possession. The gynecologist

opined that the hymen is ruptured. Police procured the record qua the

date of birth of the prosecutrix and according to which at the time of

the commission of the offence, she was sixteen years and four months

of age. Report of DNA test is yet to be received and the challan stands

presented in the Court. Three prosecution witnesses are yet to be

examined. Lastly, the prosecution has prayed that the bail application

be dismissed.

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.

13/09/2018 23:04:12 :::HCHP
3

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

petitioner is innocent and has been falsely implicated in the case in

hand. The petitioner is neither in a position to tamper with the

.

prosecution evidence nor in a position to flee from justice. He has

further argued that the petitioner is resident of the place and cannot be

kept behind the bars for an unlimited period. Conversely, the Law

Officer has argued the petitioner has committed a serious offence and

in case he is enlarged on bail he may flee from justice any may also

tamper with the prosecution evidence. It is prayed that the bail

application of the petitioner may be dismissed.

6. It has come in the evidence, a copy of the same has been

produced before this Court, that the accused (petitioner) told his

mother that he had solemnized marriage with the prosecutrix. At this

stage, without considering this fact, which will be ultimately the

prerogative of the Civil Court, in case there is any dispute to that effect,

this Court comes to the conclusion that the petitioner cannot be kept

behind the bars for an unlimited period, as 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 and also considering the

manner in which the crime is alleged to have been perpetrated and also

considering the material, which is emanating from the records and

without discussing the same, this Court finds that the present is a fit

case where the judicial discretion to admit the petitioner on bail is

13/09/2018 23:04:12 :::HCHP
4

required to be exercised in his favour. Therefore, it is ordered that the

petitioner be released forthwith on bail, on his furnishing personal

bond to the tune of `25,000/- (rupees twenty five thousand only) with

.

one surety in the like amount to the satisfaction of the learned Trial

Court, in case FIR No. 88 of 2017, dated 11.04.2017, under Section

363, 376 IPC and Section 4 of POCSO Act, registered in Police Station

Ghumarwin, District Bilaspur, H.P. The bail is granted subject to the

following conditions:

(i) That the petitioner will appear before the learned
Trial Court as and when required.

(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)
13th September, 2018 Judge
(virender)

13/09/2018 23:04:12 :::HCHP

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