IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP (M) No. 1113/2018
.
Date of decision: 5.9.2018
Khem Raj …… Petitioner
Vs.
State of H.P. ….. Respondent
Coram
The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting?1 No
For the petitioner: Mr. Inder Sharma, Advocate.
For the respondent: Mr. Vinod Thakur and Mr. Sudhir
Bhatnagar, Addl. AGs with Mr.
Bhupinder Thakur, Dy.A.G.
ASI Swaroop Ram, Police Station,
Karsog, District Mandi, H.P.
Tarlok Singh Chauhan (Oral)
The petitioner has sought regular bail in case FIR
No. 23/2018, dated 7.2.2018, registered at Police Station,
Karsog, District Mandi, under Sections 376 and 506 IPC.
2 The respondentState has produced the record of the
investigation and has filed the status report.
1
Whether the reporters of the local papers may be allowed to see the Judgment?
Yes
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2…
3 Briefly stated the case of the prosecution is that the
marriage of the prosecutrix was solemnized about eight years
.
back with one Krishnu Ram, resident of Kharli, District
Bilaspur. However, relations between them became strained and
thereafter, the prosecutrix came to her mother on 5.5.2007 and
started residing in a rented house at Panrathi (Churag), Tehsil
Karsog, District Mandi. The prosecutrix has also filed a petition
against her husband under Domestic Violence Act, which is
pending before the learned Judicial Magistrate, 1 st Class,
Karsog.
4 It is alleged that on 9.10.2017, the petitioner came
to the mother of the prosecutrix and told that he wanted a
female maid. The prosecutrix agreed to the proposal of the
petitioner and an agreement to this effect was executed between
the petitioner and the prosecutrix on 10.10.2017. Thereafter,
the prosecutrix started doing household work for the petitioner
and later on as per her own showing, they started living like
husband and wife and indulged many a times in sexual
intercourse. However, it appears that later on relations between
them became sour, which eventually led to the filing of the
present FIR.
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5 I have heard the learned counsel for the parties and
have also gone through the record of the investigation carefully.
.
6 It is not in dispute that the prosecutrix is major and
was aware of the fact that the petitioner is residing separately
from his wife for the last more than one decade and it is
probably on account of this fact that despite considerable age
difference, after entering the house of the petitioner as maid,
she developed sexual relations with the petitioner for a
considerable period of time; and it is only after when the
relations between them became sour, the present FIR has been
lodged.
7 Undoubtedly, the petitioner is accused of having
committed a serious and heinous crime, but then the
allegations as levelled against him have to be taken with pinch
of salt, particularly when the same are considered along with
factual background of the case.
8 Therefore, in the given facts and circumstances of
the case, I find this to be a fit case where the discretion of bail
ought to be exercised. Accordingly, the bail petition is allowed
and the bail petitioner is ordered to be released on bail in case
FIR No. 23/2018, dated 7.2.2018, registered at Police Station,
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Karsog, District Mandi, under Sections 376 and 506 IPC on his
furnishing personal bonds in the sum of Rs.50,000/ with one
.
surety of the like amount to the satisfaction of the learned
Judicial Magistrate 1st Class, Karsog, District Mandi, 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(s);
(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;
(iv) He shall not leave the territory of India without
prior permission of the Court.
9 Learned Judicial Magistrate 1st Class, Karsog,
District Mandi, is directed to comply with the directions issued
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by the High Court, vide communication No. HHC.VIG./Misc.
Instructions/93IV.7139 dated 18.03.2013.
.
10 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.
Copy dasti.
5th September, 2018 (Tarlok Singh Chauhan)
(pankaj) Judge
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