Himachal Pradesh High Court

Makhan Din vs State Of Himachal Pradesh on 5 April, 2024

IN THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
Cr.MP(M) No: 283 of 2024
Reserved on: 26.03.2024
Decided on: 05.04.2024

.

Makhan Din ….Petitioner

Versus

State of Himachal Pradesh ……Respondent

Coram:

Hon’ble Mr. Justice Ranjan Sharma, Judge

1 Whether approved for reporting? Yes.

For the petitioner: Mr. N.K. Thakur, Senior Advocate with
Mr. Divya Raj Singh and Mr. Karan Veer
Singh, Advocates.

For the respondent: Mr. Prashant Sen, Deputy Advocate
General.

ASI Sanjay Kumar, I.O., Police
Station [Sadar], Chamba, District

Chamba, present in person with records.

Ranjan Sharma, Judge

Petitioner, Makhan Din has come up before

the Code of Criminal Procedure [hereinafter referred to

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

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the Protection of Children from Sexual Offences, 2012

Police Station [Sadar], District Chamba [H.P.].

.

FACTUAL MATRIX

2. The case set up by Mr. N.K. Thakur, Learned

Senior Advocate assisted by Mr. Divya Raj Singh and

Mr. Karan Veer Singh, Advocates, is that a complaint

was got registered at the behest of one Smt. Mir Bibi

on 22.08.2023, leading to the registration of FIR No.

260 of 2023 in Police Station [Sadar], Chama, District

Chamba [H.P.], alleging that the bail petitioner [Makhan

Din] and Alam had kidnapped their daughter [X], aged

14 years, on 19.08.2023 during day time. It was alleged

in the complaint that the complainant [Mir Bibi] came

back to her home, for lunch, as she was employed

in MNAREGA, she was told by her younger daughter

that the bail petitioner [Makhan Din] and his brother

Alam had kidnapped her daughter [X], by muffling her

mouth and then by putting her forcibly in a vehicle.

It was also stated in the FIR that the complainant

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[Mir Bibi] tried to contact her daughter on phone,

but, she did not respond. In view of this, despite the

fact that the bail petitioner [Makhan Din] is the son-in-

.

law of Mir Bibi, yet, the instant FIR was got registered

against the bail petitioner. It is further averred that

the bail petitioner has no connection with the alleged

offence. It is further averred in the bail petition that the

investigation is complete and nothing is to be recovered

from the bail petitioner. It is further averred that the

bail petitioner has undertaken to cooperate with the

Investigating Agencies and not to cause any inducement,

threat or promise to the witnesses in any manner. It

is further averred that no fruitful purpose will be

achieved by curtailing the liberty of the bail petitioner,

by keeping him in jail. It is further averred that no

The bail petitioner has further stated that

he had filed a Bail Application No 251 of 2023, on

22.12.2023 before the Learned Special Judge, Chamba

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[H.P.], but the same was dismissed on 16.01.2024

[Annexure P-1]. The bail petitioner has further averred

that the instant case is a result of vindictiveness at

.

the instance of the complainant, who has some ill-

will against her son-in-law i.e. the bail petitioner and

it is in this background that the false accusation

and false case has been registered against him. In this

background, it is prayed that the bail petitioner may

be enlarged on bail.r

3. Upon issuance of notice on 26.02.2024,

the State Authorities were directed to file reply/status

report. The matter was then listed on 11.03.2024, when,

the Status Report, on the instructions of Incharge/

SHO, Police Station [Sadar], Chamba, District Chamba

[H.P.] dated 06.03.2024 was filed in the Court. Thereafter,

on the prayer made by the Learned Senior Counsel for

the bail petitioner, the matter was listed on 11.03.2024,

so as to enable the parties to have look at the status

report and the matter was listed for consideration

on 26.03.2024.

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STAND OF STATE AUTHORITIES:

4. A perusal of the Status Report reveals the

contents of FIR No 260 of 2023 dated 22.08.2023 and

.

as per the prosecution story, a complaint was lodged

by the complainant [Mir Bibi] that his son-in-law i.e.

instant bail petitioner {Makhan Din} and his brother

had come to their house on 19.08.2023, when, the

complainant [Mir Bibi] had gone for employment being

a laborer in MNERAGA. During lunch hours, when,

she came to her house on 19.08.2023 at around 01:00

p.m., her younger daughter told her that the bail

petitioner and his brother had forcibly muffled her

14 years old daughter{victim-X} and put her inside a

vehicle, without the consent of either the complainant

and without the consent of her daughter [X].

4(i). The status report further reveals that the

victim [X], aged about 14 years i.e. daughter of the

complainant [Mir Bibi] was recovered from Village

Gunupur, Post Office Sandowal, Tehsil and District

Gurdaspur [Punjab] on 02.09.2023. It is further revealed

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in the status report that the statement of victim

of the Code of Criminal Procedure and videography

.

of recording of the statement was also done. It is

further averred in view of the statement made by

victim [X], minor daughter of the complainant [Mir Bibi],

Act, were added to in the accusation. On 03.09.2023,

the victim [X] was taken for medical examination. The

status report further reveals that on 04.09.2023, the

statement of victim [X] was recorded before the Learned

164 of the Code of Criminal Procedure. The status

report reveals that the bail petitioner was arrested

on 10.09.2023 from Chamba. It has come in the status

report that the bail petitioner [Makhan Din] is the

resident of Village and Post Office Chakdayala, Tehsil

Samba, District Jammu Kashmir and it has also

come in the status report that one Hazi Bashir @

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Bashir Mohammad, a resident of Samba [Jammu

Kashmir] to whom the bail petitioner [Makhan Din] had

handed over the victim [X] on way to Jammu, is still

.

absconding till day.

4(ii). At the time of hearing, on 26.03.2024, the

Learned State Counsel has placed on record the copy

of FIR No. 260 of 2023, dated 22.08.2023; the

Statement of victim [X], aged about 14 years, recorded

Criminal Procedure, Medico Legal Certificate and Final

Medical Opinion were also placed on record. A perusal

Code of Criminal Procedure on 04.09.2023 before the

Learned Judicial Magistrate, 1st Class, Chamba, reveals

the accusation against the bail petitioner. The aforesaid

Procedure points out that the bail petitioner [Makhan

Din] came to her house when, the victim [X] was

washing her clothes. It has also been deposed in the

statement that the bail petitioner muffled the mouth of

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the victim [X] and forcibly drove her inside the vehicle.

The statement further deposes that on the way to

Jammu one Hazi Bashir @ Bashir Mohammad, met the

.

bail petitioner, who took the victim [X] to his house,

where she was illegally confined for 4-5 days. The

statement of victim [X] further reveals that she was

kept in confinement during night and thereafter Hazi

Bashir @ Bashir Mohammad, left the victim [X] at

the house of Makhan’s [bail petitioner’s] sister, namely,

Yatun. It has also come on record that at the place

of residence of Makhan’s sister, namely, Yatun, the

bail petitioner, during the night, had taken the victim

[X], in a separate room, where the water motor was

installed and at that place, the bail petitioner [Makhan

Din] resorted to unwarranted activities with the victim

[X]. The Learned State Counsel has also placed on

record the copy of “Final Medical Opinion”, pointing

out that the “possibility of sexual assault cannot be

ruled out”.

In this background, the Learned State Counsel

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has prayed for dismissal of the bail petition.

5. Heard Mr. N.K. Thakur, Learned Senior

Advocate assisted by Mr. Divya Raj Singh and Mr.

.

Karan Veer Singh, for the bail petitioner and Mr. Prashant

Sen, Learned Deputy Advocate General, for Respondent

-State.

LEGAL PROVISIONS:

6. In order to appreciate the claim of the bail

petitioner, it is necessary to have the recap of the

which read as under:-

439. Special powers of High Court or Court
of Session regarding bail.

(1) A High Court or Court of Session may direct-

(a) that any person accused of an offence
and in custody, be released on bail, and if

the offence is of the nature specified in sub-

section (3) of Section 437, may impose any
condition which it considers necessary for
the purposes mentioned in that sub-section;

(b) that any condition imposed by a
Magistrate when releasing any person on bail
be set aside or modified :

Provided that the High Court or the Court

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of Session shall, before granting bail to a
person who is accused of an offence which is
triable exclusively by the Court of Session or
which, though not so triable, is punishable
with imprisonment for life, give notice of
the application for bail to the Public Prosecutor
unless it is, for reasons to be recorded in

.

writing, of opinion that it is not practicable

to give such notice.

(2) A High Court or Court of Session may direct

that any person who has been released on
bail under this Chapter be arrested and commit
him to custody.

361. Kidnapping from lawful guardianship.__

Whoever takes or entices any minor under
[sixteen] years of age if a male, or under eighteen
years of age if a female, or any person of

unsound mind, out of the keeping of the lawful
guardian of such minor or person of unsound
mind, without the consent of such guardian,
is said to kidnap such minor or person
from lawful guardianship.

Explanation-

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The words “lawful guardian” in this section
include any person lawfully entrusted with the
care or custody of such minor or other person.
Exception-

This section does not extend to the act of
any person who in good faith believes himself

.

to be the father of an illegitimate child, or

who in good faith believes himself to be entitled
to the lawful custody of such child, unless such
act is committed for an immoral or unlawful
purpose.

363. Punishment for kidnapping.
Whoever kidnaps any person from India or from

lawful guardianship, shall be punished with imprisonment
of either description for a term which may extend
to seven years, and shall also be liable to fine.

368. Wrongfully concealing or keeping in
confinement, kidnapped or abducted person.

Whoever, knowing that any person has been kidnapped
or has been abducted, wrongfully conceals or confines
such person, shall be punished in the same manner
as if he had kidnapped or abducted such person

with the same intention or knowledge, or for the
same purpose as that with or for which he conceals
or detains such person in confinement.

120B. Punishment of criminal conspiracy._

(1) Whoever is a party to a criminal conspiracy to

commit an offence punishable with death, imprisonment
for life or rigorous imprisonment for a term of two
years or upwards, shall, where no express provision
is made in this Code for the punishment of such

a conspiracy, be punished in the same manner as
if he had abetted such offence.

(2) Whoever is a party to a criminal conspiracy
other than a criminal conspiracy to commit an offence
punishable as aforesaid shall be punished with
imprisonment of either description for a term not
exceeding six months, or with fine or with both.

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Punishment for rape-

(1) Whoever, except in the cases provided for in
sub-section (2)commits rape, shall be punished with
rigorous imprisonment of either description for a
term which shall not be less than ten years, but
which may extend to imprisonment for life, and shall

.

also be liable to fine

(2) Whoever,

(a) being a police officer, commits rape–

(i) within the limits of the police station to

which such police officer is appointed; or

(ii) in the premises of any station house; or

(iii) on a woman in such police officer’s
custody or in the custody of a police officer
subordinate to such police officer; or

(b) being a public servant, commits rape on a
woman in such public servant’s custody or in
the custody of a public servant subordinate
to such public servant; or

(c) being a member of the armed forces deployed

in an area by the Central or a State Government
commits rape in such area; or

(d) being on the management or on the staff of a
jail, remand home or other place of custody
established by or under any law for the time

being in force or of a women’s or children’s
institution, commits rape on any inmate of
such jail, remand home place or institution ; or

(e) being on the management or on the staff of
a hospital, commits rape on a woman in that
hospital; or

(f) being a relative, guardian or teacher of, or a
person in a position of trust or authority towards
the woman, commits rape on such woman; or

(g) commits rape during communal or sectarian
violence; or

(h) commits rape on a woman knowing her to be
pregnant;

(j) commits rape, on a woman incapable of giving
consent; or

(k) being in a position of control or dominance over a
woman, commits rape on such woman; or

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(l) commits rape on a woman suffering from mental or
physical disability; or

(m) while committing rape causes grievous bodily
harm or maims or disfigures or endangers the
life of a woman; or

(n) commits rape repeatedly on the same woman,

.

shall be punished with rigorous imprisonment

for a term which shall not be less than ten
years, but which may extend to imprisonment
for life, which shall mean imprisonment for

the remainder of that person’s natural life,
and shall also be liable to fine.

Explanation; For the purposes of this sub-section,

(a) “armed forces” means the naval, military and air

forces and includes any member of the Armed
Forces constituted under any law for the time
being in force, including the paramilitary forces
and any auxiliary forces that are under the
control of the Central Government or the State
r Government;

(b) “hospital” means the precincts of the hospital
and includes the precincts of any institution for
the reception and treatment of persons during
convalescence or of persons requiring medical
attention or rehabilitation;

(d) “women’s or children’s institution” means an
institution, whether called an orphanage or a

home for neglected women or children or a
widow’s home or an institution called by any
other name, which is established and maintained
for the reception and care of women or children.

(3) Whoever, commits rape on a woman under sixteen
years of age shall be punished with rigorous imprisonment
for a term which shall not be less than twenty years,
but which may extend to imprisonment for life, which shall
mean imprisonment for the remainder of that person’s
natural life, and shall also be liable to fine:

Provided that such fine shall be just and
reasonable to meet the medical expenses and

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rehabilitation of the victim:

4. Punishment for penetrative sexual assault.

.

(1) Whoever commits penetrative sexual assault

shall be punished with imprisonment of either
description for a term which shall not be less
than 2[ten years] but which may extend to

imprisonment for life, and shall also be liable to
fine.

(2) Whoever commits penetrative sexual assault
on a child below sixteen years of age shall

be punished with imprisonment for a term
which shall not be less than twenty years,
but which may extend to imprisonment for
life, which shall mean imprisonment for the
remainder of natural life of that person and
r shall also be liable to fine.

(3) The fine imposed under sub-section (1) shall
be just and reasonable and paid to the victim
to meet the medical expenses and rehabilitation
of such victim.]

6. Punishment for aggravated penetrative sexual
assault._

(1) Whoever commits aggravated penetrative sexual
assault shall be punished with rigorous
imprisonment for a term which shall not be

less than twenty years, but which may extend
to imprisonment for life, which shall mean
imprisonment for the remainder of natural

life of that person and shall also be liable
to fine, or with death.

(2) The fine imposed under sub-section (1) shall
be just and reasonable and paid to the victim
to meet the medical expenses and rehabilitation
of such victim.

17. Punishment for abetment._

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Whoever abets any offence under this Act, if the act
abetted is committed in consequence of the
abetment, shall be punished with punishment
provided for that offence.

Explanation;-

An act or offence is said to be committed

.

inconsequence of abetment, when it is committed

in consequence of the instigation, or in
pursuance of the conspiracy or with the
aid, which constitutes the abetment.”

7. In the background of the statutory provisions

is to be examined within the parameters prescribed

in the Code
r of Criminal Procedure and also the

broad parameters mandated by the Hon’ble Supreme

Chandra Sarkar versus Rajesh Ranjan, (2004) 7 SCC

versus Directorate of Enforcement, (2019) 9 SCC

24, mandating that the bail {anticipatory or regular} is

to be granted where the case is frivolous or groundless

and no prima facie or reasonable grounds exists which

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lead to believe or point out towards accusation ; and

these parameters for regular bail have been reiterated

.

Delhi, (2020) 5 SCC 01.

7(i). While dealing with the case for grant of

regular bail, under Section 439 Cr PC, the three

judges bench of Hon’ble Supreme Court, after reiterating

versus State of Uttar Pradesh, (2022) 8 SCC 559, in

Para 25 that the nature of the crime has a huge

relevancy, while considering claim for bail.

of Uttar Pradesh, 2023 SCC Online SC 974, the

Hon’ble Supreme Court had expanded the horizon of

the broad parameters, which are to be primarily taken

into account, for considering the claim for regular bail

or anticipatory bail as under:

11. Mr. R. Basant, the learned Senior Counsel
appearing for one of the private respondents
that the Court while granting bail is not
required to give detailed reasons touching the
merits or de-merits of the prosecution case
as any such observation made by the Court
in a bail matter can unwittingly cause prejudice

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to the prosecution or the accused at a later
stage. The settled proposition of law, in our
considered opinion, is that the order granting
bail should reflect the judicial application
of mind taking into consideration the well-
known parameters including:

.

(i) The nature of the accusation weighing

in the gravity and severity of the offence;

(ii) The severity of punishment;

(iii) The position or status of the accused,

i.e. whether the accused can exercise
influence on the victim and the witnesses
or not;

(iv) Likelihood of accused to approach or

try to approach the victims/witnesses;

(v) Likelihood of accused absconding from
r proceedings;

(vi) Possibility of accused tampering with
evidence;

(vii) Obstructing or attempting to obstruct
the due course of justice;

(viii) Possibility of repetition of offence if left
out on bail;

(ix) The prima facie satisfaction of the court
in support of the charge including frivolity
of the charge;

(x) The different and distinct facts of each
case and nature of substantive and

corroborative evidence.

12. We hasten to add that there can be

several other relevant factors which, depending
upon the peculiar facts and circumstances
of a case, would be required to be kept
in mind while granting or refusing bail to
an accused. It may be difficult to illustrate
all such circumstances, for there cannot be
any straight jacket formula for exercising the
discretionary jurisdiction vested in a Court

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SCALE 250, the Hon’ble Supreme Court has reiterated

.

the illustrative time-tested broad parameters which

are required to be taken into account while considering

the prayer for bail; which have recently been reiterated

of Haryana versus Dharamraj, 2023 SCC OnLine

SC 1085. r

8. In normal parlance, the principle of law

is that bail is a rule and jail is an exception. However,

this Court is conscious of the fact that the power

under Section 439 is an extraordinary power and

the same has to be exercised sparingly. It is trite

law that while considering the prayer for bail {pre-arrest

bail or regular bail], the formation of prima facie opinion

is to gathered as to whether reasonable grounds exist

pointing towards accusation or whether the accusation

is frivolous and groundless with the object of either

injuring or humiliating or where a person has falsely

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been roped in the crime needs to be tested in the

background of the self-imposed restrains or the broad

parameters mandated by law, as referred to herein

.

above.

9. This Court is also conscious of the fact that

as per the mandate of law, in Criminal Appeal No

Directorate of Enforcement, decided on 14.12.2023,

while considering the prayer for bail, though a Court

is not required to weigh the evidence collected by

the Investigating Agency meticulously, nonetheless,

the Court should keep in mind the nature of accusation,

the nature of evidence collected in support thereof,

the severity of punishment prescribed for alleged

offences, the character of the accused, the circumstances

which are peculiar to the accused, the reasonable

possibility of securing the presence of the accused

during trial, reasonable apprehension of the witnesses

being tampered with, the large interests of the public

/state. In this background, while testing the claim

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for bail, the Court is required to form a prima-facie

to above, without delving into the merits, as it may

.

prejudice the rights of the accused as well as the

prosecution.

ANALYSIS:

10. On considering the entirety of facts and

circumstances and keeping in view the mandate of

to above, this Court is of the considered view, that the

bail petitioner [Makhan Din] is not entitled to be

enlarged on regular bail, at this stage, for the following

reasons: –

– 21 –

out the prima-facie accusation and reasonable grounds

against the bail petitioner. On combined reading of

the aforesaid material reveals that the mouth of the

.

victim [X], aged 14 years, was initially muffled and

the fact that she was then forcibly taken out of the

lawful custody of her parents, without their consent;

and even without the consent of victim [X] on 19.08.2023,

whereafter she was taken towards Jammu. On way

to Jammu, one Hazi Bashir @ Bashir Mohammad met

the bail petitioner, who thereafter took the victim [X]

to his house and thereafter she was kept in the

house of Hazi Bashir @ Bashir Mohammad for 5-7

days and thereafter she was left at the house of

the bail petitioner’s sister, namely, Yatun, where she

remained for about 3-4 days. The material on record

reveals that it was at the place of the sister of

the bail petitioner, namely, Yatun, the bail petitioner

had sexually assaulted the victim [A], during the night.

The material on record, also indicates, that the

victim [X] was kidnapped forcibly, from the lawful

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guardianship of the parents and even without the

consent of victim [X] from Village Pandah in District

Chamba [H.P.] towards Jammu (Jammu Kashmir).

.

On way to Jammu, the bail petitioner met Hazi

Bashir @ Bashir Mohammad, who then took the

victim [X] to his house at Samba [Jammu Kashmir]

where victim [X] was kept for 5-7 days, contrary to

her wishes as the alleged victim was kept under

confinement i.e. in a locked room, during the night.

Even the status report reveals that Hazi Bashir @

the house of the bail petitioners, sister namely, Yatun,

where the bail petitioner [Makhan Din], during the

night, committed unwarranted acts, with the victim [X],

Court is of the prima-facie opinion that the accusation

made by the victim before the police also stands

corroborated by the medical evidence, suggests at this

stage to show that the accusation under Section 376

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– 23 –

{Makhan Din}.

While dealing with a bail application, relating

.

that complete go by to the allegation made in the

prosecutrix before the jurisdictional court cannot be

ignored, in terms of the judgement of Hon’ble Supreme

Court in Criminal Appeal No._ of 2023 [@ Special

Leave Petition (Crl. No.6199 of 2023)], titled as

Bhagwan Singh Versus Dilip Kumar @ Deepu @

Depak and another alongwith connected matter,

which reads as under:-

“25. The complainant’s grievance, through-

out has been that Deepak had been
threatening the prosecutrix and other
witnesses and that there is every

possibility of threat to their life in the
event they depose to the truth, and
such apprehension is justifiable,
especially because accused is in a
domineering position. The complainant
underlines the influence and possibility of
the clout being wielded on the witnesses
which cannot be discounted. The fact that

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even after recording of the deposition of
the prosecutrix other prosecution
witnesses have not come forward to tender
evidence though more than nine dates of
hearing has passed, would lend credence
to the apprehension of the complainant.

.

The High Court seems to have erred in

not considering these basic facts while
considering the prayer for grant of bail
by taking into consideration the well-

established judicial pronouncements
already noticed hereinabove. That the
court framed charges, prima facie
discloses the possibility and reasonable
suspicion of the accused prima facie

culpability.

26. The Courts have placed the liberty of
an individual at a high pedestal and
r extended the protection to such rights
whenever and wherever required. In the

same breadth, it requires to be noticed
that emphasis has also been laid on
furnishing reasons for granting while
balancing it with the requirement of a

fair trial bail even though such reasoning
may be brief.

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– 25 –

In the background of the above facts and

the gravity of the offence, whereby, the bail petitioner

[Makhan Din] had kidnapped and then resorted to

.

unwarranted sexual assault on a girl of 14 years,

points out towards ill intention and even statement of

victim [X] point out towards the accusation under

against the bail petitioner, when, the bail petitioner

was kidnapped without her consent and without the

consent of the lawful guardianship of such a minor

girl, by forcibly muffling her mouth and then forcibly

taking her in a vehicle towards Jammu.

of the considered view that prima-facie accusation,

s borne out from the statements of the victim [X]

164 CrPC made by the victim before the jurisdictional

Court coupled with and the Final Medical Opinion given

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– 26 –

by the Medical Experts, stating that the “possibility

of sexual assault, cannot be ruled out”, cannot be

ignored at this stage.

.

by the State Police Authorities, which is borne out

from the status report including the statement of the

victim [X] made before the Learned Jurisdictional Court,

points out towards
r the accusation against the bail

petitioner for the reason, that firstly, the mouth of the

victim [X] was muffled and therefore, she was forcibly

taken out of the lawful guardianship of her parents,

was forcibly put in a vehicle; was then taken towards

Jammu; and on the way to Jammu the victim [X] was

handed over to one Hazi Bashir @ Bashir Mohammad,

who met the bail petitioner on the way and thereafter

the victim [X] was kept under unlawful detention

at the house of Hazi Bashir @ Bashir Mohammad

for 5-7 days till the victim was shifted/taken to the

house of the bail petitioner’s sister Yatun, where she

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was again detained/kept for 3-4 days and the alleged

unlawful activities of sexual assault were committed

with the victim at her sisters house, by the bail

.

petitioner. In these circumstances, the reasonable grounds

points out towards the accusation against the present

bail petitioner to be based on reasonable grounds, at

this stage.

In view of the above facts, this Court is of

the consideredr view that the prima-facie accusation

and reasonable grounds point out against the bail

10(iii). The relief for bail, cannot be exceeded to in

view of the gravity of offence and seriousness of the

petitioner.

10(iv). The plea of the bail petitioner, cannot be

exceeded to, at this stage, for the reason, that as per

Status Report, when, one of the co-accused, namely,

Hazi Bashir @ Bashir Mohammad, who had taken a

minor girl of 14 years, at the instance of the bail

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petitioner [Makhan Din] to his house at Samba, where

she was confined for 5-7 days contrary to her consent

and illegally, is still absconding. In case the present

.

bail petitioner is released, then there is every

likelihood that the bail petitioner will threaten either

the victim [X] or the Complainant [Mir Bibi] or other

family members. At the same time, this Court, cannot

ignore the fact, that release of the bail petitioner

[Makhan Din],
r will aid the absconder, co-accused

Hazi Bashir @ Bashir Mohammad, to indulge in further

unlawful/illegal activities/offences against the victim

[X] or the complainant [Mir Bibi] or their family

members. In case the bail petitioner, is released/

enlarged on bail, then, there is every apprehension

of the justice being throttled by the bail petitioner

and there is every likelihood that the victim [X] or

the complainant [Mir Bibi] or their family members

may be given any inducement, threat or there is

every likelihood of tampering with the witnesses or

the person(s) directly or indirectly associated with

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the aforesaid matter. The averments made in Para-3

of the bail petition, placing a distorted story, cannot

be the basis for exceeding to the prayer for grant

.

of bail, when the contents of the FIR, the Status

Report, Statement of the Victim recorded under

Final Medical Opinion, points out towards prima-facie

accusation, against the bail petitioner, which are

11. In addition to the discussion so made

hereinabove, even the Learned Court below i.e. the

Learned Special Judge, Chamba, District Chamba [H.P.]

has rightly dismissed the claim for enlargement on

bail on 16.01.2024 [Annexure P-1], by a reasoned

order, which needs to be upheld in view of the reasons

detailed therein.

12. Given as above, this Court is not inclined

to interfere in the instant matter and the claim of

the bail petitioner for enlargement on bail, is without

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– 30 –

merit, at this stage, and the same is accordingly

dismissed.

13. Any observations made herein-above, shall

.

not be construed in any manner as an expression

of opinion on the merits of the case in any manner

and these observations are made only, for the disposal

of the instant bail application.

14. As aforesaid, the instant petition and all

applications, if any, shall stand disposed of.

(Ranjan Sharma)
Judge
5th April, 2024
[Bhardwaj/tm]

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