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Cr.Mp(M) No. 656 Of 2018 vs State Of Himachal Pradesh on 2 July, 2018

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) No. 656 of 2018
Decided on: 2nd July, 2018
Raj 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. Ajay Shandil, Advocate.

For the respondent/State: Mr. Ashwani Sharma and Mr. P.K.

Bhatti, Additional Advocates General.

ASI Chaman Lal, I.O. Police Station
Sujanpur, District Hamirpur, H.P.

_
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 his arrest, in case FIR No. 40 of

2018, dated 16.05.2018, under Sections 354A, 354D and 509 IPC,

registered in Police Station Sujanpur, District Hamirpur, 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.

1

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

02/07/2018 23:00:26 :::HCHP
2

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

16.05.2018 the prosecutrix (name withheld) moved a written complaint

to the police, wherein she has contended that the petitioner, who is

.

Vice President, used to indecently touch her body parts. The

prosecutrix has further alleged that the petitioner used to talk filth

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

police investigation ensued and a case came to be registered against

the petitioner. The prosecutrix was medically examined and the spot

map was prepared. The statements of the witnesses were recorded

under Section 161 Cr.P.C. The statement of the prosecutrix was also

recorded under Section 164 Cr.P.C. The petitioner participated in the

investigation on 26.05.2018. As per the prosecution, now no

investigation is to be made from the petitioner. Lastly, the prosecution

has prayed that the bail application may be dismissed.

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

Additional Advocate General 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 also argued that

by keeping the petitioner behind the bars no fruitful purpose will be

served. The petitioner is resident of the place and he is neither in a

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

02/07/2018 23:00:26 :::HCHP
3

flee from justice, so he may be released on bail. Conversely, the

learned Additional Advocate General has argued that in case the

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

.

evidence and may also flee from justice. The petitioner has committed

a serious offence, thus it has been prayed that the bail application of

the petitioner may be dismissed.

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

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

neither in a position to tamper with the prosecution evidence nor in a

position to flee from justice, as he is resident of the place, and also

considering the allegations and the manner in which the offence is

alleged to have been committed, 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 No. 40 of 2018, dated 16.05.2018,

under Sections 354A, 354D and 509 IPC, registered in Police Station

Sujanpur, District Hamirpur, H.P., 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 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.

02/07/2018 23:00:26 :::HCHP
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(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)

2nd July, 2018 Judge
(virender)

02/07/2018 23:00:26 :::HCHP

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