IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
.
Cr.M.P(M) No. 1420 of 2018
Decided on : 20.11.2018
Virender Kumar …Petitioner.
Versus
State of Himachal Pradesh ….Respondent.
Coram: r
The Hon’ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. P.M Negi, Advocate.
For the Respondent: Mr. Hemant Vaid, Additional
Advocate General with Mr.
Yudhveer Singh Thakur, and, Mr.
Vikrant Chandel, Deputy Advocate
Generals.
Sureshwar Thakur, J (oral)
The instant petition has been instituted by the
petitioner/bail applicant under Section 439 Cr.P.C, for his
being ordered, to, be released from judicial custody, wherein
he stands extantly lodged, for his allegedly committing
1
Whether reporters of the local papers may be allowed to see the judgment?
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…2…
offences punishable, under, Sections 376 and 506 of Indian
.
Penal Code, in case FIR No. 242 of 2018 of 29.9.2018,
registered with Police Station, Hamirpur, District Hamirpur,
H.P.
2. The Director of Regional Forensic Science
Laboratory, Mandi, despite repeated reminders hence being
purveyed to him, has not meted his report, upon, the items
sent thereto, for analysis. The Secretary Home is directed to
ensure, that, appropriate action against the Director of
Regional Forensic Science Laboratory, Mandi, stands hence
taken. A Copy of this Order be sent to Secretary Home, for,
necessary compliance.
3. For the reasons ascribed hereinafter, this Court
does not deem it appropriate, to, wait for the report of RFSL
concerned, as, any affirmative opinion rendered qua the items
sent thereat, for analysis may not negate the effects, of, the
alleged sexual intercourse perpetrated by the bail applicant,
upon, the prosecutrix, being rather consensual, (i) given the
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prosecutrix, in her statement under Section 154 of CrP.C
.
making revelations, visavis, hers being subjected to
continuous sexual intercourse(s), by the bail applicant/ her
fatherinlaw, for a period ranging upto one year, and, hers not
earlier thereto hence making a motion before the police agency
concerned, (b) the aforesaid inference is also fortified by the
factum of, the prosecutrix in her statement recorded under
Section 164 Cr.P.C rather completely resiling from the earlier
therewith statement made by her, under, Section 154 Cr.P.C.
4. Moreso, with at this stage, no material, stands
placed on record, by the prosecution, demonstrating, that in
the event of bail being granted to the petitioner/bail
applicants, there being every likelihood of his fleeing from
justice or tampering with prosecution evidence, hence
constrains this Court to afford, the facility of bail in favour of
the petitioner/ bail applicant. Accordingly, the petitioner/bail
applicant is ordered to be released from judicial custody,
subject to compliance by him with the following conditions::
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1. That he shall furnish personal and surety
.
bonds in the sum of Rs.50,000/, to the satisfaction
of learned JMIC, Hamirpur.
2. That he shall join the investigation, as and
when required by the Investigating agency.
3.
That he 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 the
Court or to the Police.
4. That he shall not leave India without the
prior permission of the Court.
5. That he shall deposit his passport, if any,
with the Police Station, concerned.
6. That in case of violation of any of the
conditions, the bail granted to the bail applicant
shall be forfeited and he shall be liable to be taken
into custody.
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5. Any observation made herein above shall not be
.
taken as an expression of opinion on the merits of the case and
the trial Court shall decide the matter uninfluenced by any
observation made herein above.
Copy dasti.
20th November, 2018.
(priti)
r to ( Sureshwar Thakur ),
Judge.
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