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Kapil Dev @ Rajinder Singh vs State Of Himachal Pradesh on 31 August, 2018

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.M.P.(M) Nos. 1099 of 2018
Date of decision: 31.08.2018

.

Kapil Dev @ Rajinder Singh …… Petitioner

Vs.
State of Himachal Pradesh ….. Respondent

Coram
The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.

For the petitioner

For the respondent
r :

:

Whether approved for reporting?1 No.

Mr. Ashok K. Tyagi, Advocate.

Mr. Vinod Thakur, Addl. A.G. with Mr.

Bhupinder Thakur, Dy. A.G.

Sub Inspector Surinder Sharma, P.S.
Janjehali, Mandi.

Justice Tarlok Singh Chauhan, Judge (Oral)

The petitioner has sought bail in case FIR No. 42 of

2018, dated 09.06.2018, registered at Police Station Janjahli,

District Mandi, H.P. under Sections 363, 366, 376, 120-B of the

Indian Penal Code, Section 4 of the POSCO Act and Section

3(1)W(1)(2) of the SC/ST Act.

2. The respondent has produced the record of the

investigation and has also filed the status report.

3. Undoubtedly, the petitioner is accused of having

committed a serious and heinous offence, however, the records of

this case speak otherwise.

1

01/09/2018 23:13:39 :::HCHP

…2…

4. The allegations against the bail-petitioner are that on

08.06.2018, at about 7:30 p.m. he (bail-petitioner) made a

telephonic call to the victim and met her at about 4:30 p.m.

.

outside her school. Upon inducing, victim accompanied the bail-

petitioner in a vehicle to his house at Malangan, Tehsil Jhanduta,

District Bilaspur. The vehicle was driven by co-accused. When the

victim went missing, her father informed the police, which led to

the recovery of the victim on the next day from the house of the

bail-petitioner at village Malangan, Tehsil Jhanduta, District

Bilaspur and from where the victim was taken to police station

Janjehali. The statement of victim under Section 154 Cr.PC. was

recorded, on the basis of which, the FIR came to be lodged.

5. Later on, the victim got recorded her statement under

Section 164 Cr.P.C. and admittedly did not support any of the

allegations for which the bail-petitioner has been charged.

6. Adverting to the statement of the victim recorded

under Section 164 Cr.P.C., nowhere in her entire statement,

except in last line, the victim has leveled any allegation against

the petitioner.

7. The perusal of the statement makes it evident to even

a naked eye that the last line has been incorporated much after

the statement of the prosecutrix had already been recorded. The

reason for it is simple, as in the earlier part of the statement,

there was no allegation of any kind against the petitioner,

01/09/2018 23:13:39 :::HCHP
…3…

however in the last line, it is alleged that the petitioner on

Saturday morning had ravished her. However, just within few

hours after making of the statement, when the victim is brought

.

for medical examination, she clearly states that she was neither

forced, nor assaulted nor there was any genital contact etc. from

the side of the petitioner.

8. Not only this, in her statement before the Magistrate

recorded under Section 164 Cr.P.C., she does not support any of

9.

r to
the allegations or charges, for which the petitioner has been

accused of.

If that was not enough, in case now the medical

opinion based upon the report of the FSL is perused, it is clearly

evident that virtually there was no evidence of sexual assault in

this case and as observed above, these allegations are not even

prima facie established or even supported by the victim herself.

Thus, prima facie this Court is of the considered opinion that the

entire investigation is a result of botched up at the hands of the

investigation agency.

10. The statement under Section 154 Cr.P.C. has been

recorded by C. Shakuntla whereas the investigation is being

carried out by SI/SHO Surinder Sharma, P.S. Janjehali. Therefore,

let both of them remain present before this Court on 07.09.2018.

01/09/2018 23:13:39 :::HCHP

…4…

11. Taking into consideration the entirety of the facts and

circumstances of the case, I feel this is a fit case where discretion

of bail is exercised.

.

12. Accordingly, the bail application is allowed and the

petitioner is ordered to be released on bail in case FIR No. 42 of

2018, dated 09.06.2018, registered with the Police Station

Janjehali, District Mandi, H.P. under Sections 363, 366, 376, 120-B

of the IPC and Section 4 of the POSCO Act and Section 3(1)W(1)

(2) of SC/ST Act, on his furnishing personal bond in the sum of

Rs.25,000/- with one surety of the like amount to the satisfaction

of the Chief Judicial Magistrate, Mandi, District Mandi, H.P., with

the following conditions:-

(i) He shall make himself available for the

purpose of interrogation, if so required and regularly
attend the trial Court on each and every date of
hearing and if prevented by any reason to do so, seek

exemption from appearance by filing appropriate

application;

(ii) He shall not tamper with the prosecution

evidence nor hamper the investigation of the case in
any manner whatsoever;

(iii) He shall not 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 Court or the Police Officer, and

(iv) He shall not leave the territory of India
without prior permission of the Court.

01/09/2018 23:13:39 :::HCHP

…5…

13. Learned Chief Judicial Magistrate, Mandi, District

Mandi, 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.

14. Any observation made hereinabove 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 hereinabove. The petition stands disposed of.

August 31, 2018
(sanjeev)
Copy dasti.

r to ( Tarlok Singh Chauhan ),
Judge

01/09/2018 23:13:39 :::HCHP

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