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Malkiat Singh vs State Of H.P on 10 October, 2018

.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Cr.MP(M) No. 1326 of 2018
Date of Decision 10th October, 2018

__

Malkiat Singh ….Petitioner

Versus

State of H.P. ….Respondents
__

Coram

The Hon’ble Mr. Justice Vivek Singh Thakur, J.

Whether approved for reporting?1
__
For the Petitioner: Shri Sumit Sharma, Advocate.

For the Respondent: Shri Shiv Pal Manhans Additional
Advocate General with Mr.R.R. Rahi

and Mr. R.P. Singh, Deputy
Advocate General.
_

Vivek Singh Thakur, J.(oral)

Petitioner has preferred present petition under

Section 439 of the Code of Criminal Procedure (hereinafter

referred to as ‘Cr.P.C.’) for grant of bail in case FIR No. 119 of

2016 dated 28.6.2016 registered under Sections 363, 366-A and

376 of IPC at P.S. Nalagarh, District Solan (H.P.)

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

11/10/2018 22:57:54 :::HCHP
2

2. As per status report filed by Investigating Officer,

brief case of the prosecution is that petitioner Malkiat Singh had

.

taken away prosecutrix to Mandi and had violated her person on

a number of times and at that time, age of prosecutrix was 17

years and prosecutrix and on 1.7.2016 petitioner were found by

grandfather of prosecutrix at bus stand Nalagarh and were

brought to police station Nalagarh, where prosecutrix had

refused any kind of violation of her person by petitioner Malkiat

Singh and had also refused to get her medical examined and she

was handed over to her father and grandfather.

3. Thereafter on 2.7.2016, prosecutrix had come along

with her parents and had made statement against the petitioner

and had also submitted herself for medical examination and her

statement under Section 164 Cr.P.C. was also recorded before the

Magistrate. On completion of investigation, challan has been

presented in Court and trial is at the stage of recording of

evidence of prosecution on 5th and 6th November, 2018.

4. As recorded on 8.10.2018, prosecutrix, who was

present in Court on that day and is also present today, stated

that she was and is in love with Malkiat Singh and Malkiat Singh

also intends to marry her and her parents were intending to

marry her with someone else, hence she had eloped with

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petitioner with her own consent and will, considering herself 18

years old on the basis of Aadhar Card. However, as per date of

.

birth certificate, she was of 17 years old. Copy of Aadhar card

has also been placed on record with petition.

5. Prosecutrix has also filed the petition Cr.MP No. 459

of 2018 under Section 482 Cr.P.C. for quashing of FIR and

proceedings initiated against the petitioner in pursuant thereto.

6. In view of aforesaid facts and circumstances, I find

that it is a fit case for enlarging the petitioner on bail subject to

furnishing personal bond in the sum of Rs.50,000/- with one

surety in the like amount to the satisfaction of learned trial Judge

and he shall also abide by the following conditions:-

(i) That the petitioner shall make himself
available to the police or any other
investigating agency or Court on each and

every date as and when required;

(ii) That the petitioner 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 Court or to any police
officer or tamper with the evidence. He shall
not, in any manner, try to overawe or influence
or intimidate the prosecution witnesses;

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(ii) That he shall not obstruct the smooth progress
of the trial;

(iii) That the petitioner shall attend the trial Court

.

as and when directed to do so ;

(iv) That he shall not jump over the bail and also
shall not leave the jurisdiction of Himachal

Pradesh without information and shall inform,
in writing, regarding any change of address, if
any, from the present place of residence, in

advance, to P.S. Nalagarh.

(v) That the petitioner shall not commit the
offence similar to the offence to which he is
r accused or suspected or the commission of

which he is suspected.

(vi) That petitioner shall not misuse his liberty in
any manner.

7. It will be open to the prosecution to apply for

imposing any such other or further condition on the petitioner as

deemed necessary in the facts and circumstances of the case

and in the interest of justice. It will also open to the trial Court to

impose any other or further condition on the petitioner as it may

deem necessary in the interest of justice.

8. In case the petitioner violates any condition imposed

upon him, his bail shall be liable to be cancelled. In such

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eventuality, prosecution may approach the competent Court of

law for cancellation of bail in accordance with law.

.

9. Learned trial Court is directed to comply with the

directions issued by the High Court, vide communication No.

HHC/VIG/Misc.Instructions/93-IV.7139 dated 18.3.2013. Petition

stands disposed of.

10. Any observation made in this order shall not affect

the merits of case in any manner and will strictly confine for the

disposal of this anticipatory bail application filed under Section

439 of Code of Criminal Procedure 1973.

11. Authenticated copy of this order be supplied to the

petitioner as well as learned Deputy Advocate General.

October 10, 2018 (Vivek SinghThakur),
ms Judge

11/10/2018 22:57:54 :::HCHP

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