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Hari Ram vs State Of Himachal Pradesh on 9 January, 2020

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) No. 41 of 2020
Decided on: 9th January, 2020

.

Hari Ram ….Petitioner
Versus
State of Himachal Pradesh …Respondent
Coram

The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting?1 Yes.

For the petitioner: Mr. Inderjit Singh Narwal, Advocate.

For the respondent/State: Mr. Shiv Pal Manhans and Mr. P.K. Bhatti,
Addl. AGs, with Mr. Amit Dhumal, Dy. AG.

SI Bhupender Singh, Police Station Bagga,
District Solan, H.P.

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. 08 of 2019, dated 22.11.2019, under Sections 9, 10

and 11 of Prohibition of Child Marriage, Act, 2006, Section 4 of POCSO Act,

2012 and Section 376 IPC, registered at Police Station Bagga, District

Solan, 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

permanent resident of the place and neither in a position to tamper with the

prosecution evidence nor in a position to flee from justice. No fruitful

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

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2

purpose will be served by keeping him behind the bars for an unlimited

period, so he be released on bail.

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

.

19.01.2019 police were informed, through a communication from Medical

Officer, PHC, Navgaon, qua the prosecutrix (name withheld), who is 15

years old and pregnant. The statement of the prosecutrix was recorded

under Section 154 Cr.P.C., wherein she stated that she studied upto 8th

standard and her date of birth is 26.03.2006. Her parents engaged her

with the petitioner and on 09/10.03.2019, with the consent of both the

families, she was married with the petitioner according to Hindu rites and

customs. Thereafter, both of them started having physical relations. Upon

the statement of the prosecutrix, police got her medically examined and she

was sent to Child Welfare Committee, Solan. Police registered a case and

the investigation ensued. Police prepared the spot map, made relevant

seizures and recorded the statements of the witnesses. The petitioner was

arrested and medically examined. Statement of the prosecutrix was got

recorded under Section 164 Cr.P.C. During the course of investigation,

police procured the records qua the date of birth of the prosecutrix and as

per the records, she was found to be born on 26.03.2006. As per the police,

challan in the case shall be presented in the learned Trial Court soon.

Lastly, it is prayed that in case the petitioner, at this stage, is enlarged on

bail, he may tamper with the prosecution evidence and may also flee from

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justice. Petitioner was found involved in a serious crime, so the bail

application of the petitioner 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 has been falsely implicated in the present case. He has further

argued that the petitioner is permanent resident of the place and neither in

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

from justice. He has further argued that no fruitful purpose will be served

by keeping the petitioner behind the bars for an unlimited period, especially

when investigation is complete and challan is likely to be presented in the

learned Trial Court soon. Conversely, the learned Additional Advocate

General has argued that the petitioner has committed a serious crime and

in case he is enlarged on bail, he may tamper with the prosecution evidence

and may also flee from justice, so it is prayed that the bail application of the

petitioner may be dismissed.

6. In rebuttal, the learned Counsel for the petitioner has argued

that the petitioner cannot be kept behind the bars for an unlimited period,

especially when investigation is complete and challan stands presented in

the learned Trial Court, so the bail application of the petitioner be allowed.

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4

7. At this stage, considering the age of the petitioner, who is only

28 years of age, the manner in which the offence is alleged to have been

committed by the petitioner, the fact that the petitioner is permanent

.

resident of the place and neither in a position to tamper with the

prosecution evidence nor in a position to flee from justice, custody of the

petitioner is not at all required by the police, as investigation is complete

and challan is likely to be presented in the learned Trial Court soon, also

considering the overall material, which has come on record, and without

discussing the same at this stage, the fact that the petitioner is ready and

willing to abide by the terms and conditions of bail, in case so granted, and

also the fact that the petitioner cannot be kept behind the bars for an

unlimited period, so this Court finds that the present is a fit case where the

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

in his favour. Accordingly, the petition is allowed and it is ordered that the

petitioner, who has been arrested by the police in case FIR No. 08 of 2019,

dated 22.11.2019, under Sections 9, 10 and 11 of Prohibition of Child

Marriage, Act, 2006, Section 4 of POCSO Act, 2012 and Section 376 IPC,

registered at Police Station Bagga, District Solan, H.P., shall be released on

bail forthwith in this case, subject to his furnishing personal bond in the

sum of `25,000/- (rupees twenty five thousand) with one surety in the like

amount to the satisfaction of the learned Trial Court. The bail is granted

subject to the following conditions:

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(i) That the petitioner will appear before the
learned Trial Court/Police/authorities 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.

8. In view of the above, the petition is disposed of.

Copy dasti.

(Chander Bhusan Barowalia)

9th January, 2020 Judge
(virender)

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