IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
.
Cr.M.P(M) No.1577 of 2018
Decided on : 28.11.2018.
Madan Lal …..Petitioner.
Versus
State of Himachal Pradesh ….Respondent.
Coram:
Whether approved for reporting?1
r to
The Hon’ble Mr. Justice Sureshwar Thakur, Judge.
For the Petitioner: Mr. Kishore Pundeer, Advocate.
For the Respondent: Mr. Hemant Vaid, Additional
Advocate General with Mr. Desh Raj
Thakur, Additional Advocate
General and Mr. Vikrant Chandel
and Mr. Yudhveer Singh Thakur,
Deputy Advocate Generals.
ASI Raghubir Singh, P.S Pachhad,
District Sirmaur, H.P, in person.
Sureshwar Thakur, J (oral)
The instant petition, stands instituted by the bail
applicant, under, Section 438 Cr.P.C, wherein he seeks grant
of anticipatory bail qua him, given his apprehending his
1
Whether reporters of the local papers may be allowed to see the judgment?
01/01/2009 08:04:31 :::HCHP
…2…
arrest, for his allegedly committing offences punishable, under
.
Sections 376, and, section 506 of the I.P.C registered in case
FIR No. 78 of 2018 of 1.11.2018, with Police Station, Pachhad,
District Sirmaur, H.P.
2. The reason for this Court proceeding, to, afford
facility of bail, to the bail applicant, is, embedded in the
factum of (a) the prosecutrix alleging qua hers being subjected
to forcible sexual intercourse by the bail applicant, in, the year
2016, without, hers specifying the date or the month of the
aforesaid year, whereat the afore alleged penal misdemeanors
stood perpetrated, upon her person (b) the afore lack of
enunciation, with, precision in the FIR also concomitantly
render her allegations being construable to be both vague,
and, nebulous.
3. The delay in lodging of the FIR is immense, and,
therefrom an inevitable inference, is gatherable qua the
prosecutrix, meting consent to the sexual intercourse, which
stood allegedly forcibly perpetrated on her person, by the bail
01/01/2009 08:04:31 :::HCHP
…3…
applicant. Even though she metes an explanation, for the
.
afore delay, yet the explanation is comprised in the factum,
qua upon hers reporting the matter to the police hence
attracting social stigma upon her, yet the afore explanation
rather primafacie, appears to be vague, and, acquires an aura
of falsity, given hers being a married lady, and, when she
could well earlier disclose the matter to the elders of her
family, or, to her husband.
4. The Investigating Officer has also intimated
this Court that the accused had rendered to him, his fullest
cooperation. Consequently, given the bail applicant, hence,
rendering the fullest cooperation to the Investigating Officer,
and, also with investigations into the alleged offences, being
complete, besides when at this stage, no material stands
placed by the prosecution, demonstrating, that in the event of
bail being granted to the bail applicant, there being every
likelihood of his fleeing from justice or tampering with
prosecution evidence, thereupon the indulgence of bail is
01/01/2009 08:04:31 :::HCHP
…4…
granted to the bail applicant, and, the order rendered on
.
20.11.2018 is confirmed, on, the following conditions:
1. That he shall join the investigation, as
and when required by the Investigating
agency;
2. 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;
3. That he shall not leave India without
the previous permission of the Court;
4. That he shall deposit his passport, if
any, with the Police Station, concerned;
5. That in case of violation of any of the
conditions, the bail granted to the petitioner
shall be forfeited and he shall be liable to be
taken into custody;
6. That he shall apply for bail afresh
when the challan is filed before the trial
Court.
5. In view of above, petition stands disposed of. Any
observation made herein above shall not be taken as an
01/01/2009 08:04:31 :::HCHP
…5…
expression of opinion on the merits of the case and the trial
.
Court shall decide the matter uninfluenced by any observation
made herein above.
Dasti Copy.
28th November, 2018. ( Sureshwar Thakur ),
(priti) Judge.
01/01/2009 08:04:31 :::HCHP