IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No. 214 of 2019
.
Decided on : 7th March, 2019
_
Mohan Lal ……Petitioner
Versus
State of H.P. …..Respondent
Coram:
The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?__
For the petitioner : Ms. Shalini Thakur, Advocate.
For the respondent : Mr. Shiv Pal Manhans
Additional Advocate General
with Mr.R.P.Singh and
Mr.R.R.Rahi, Deputy Advocate
General.
Justice Vivek Singh Thakur, Judge (Oral)
This petition has been filed seeking regular bail
in case FIR No. 74 of 2018 dated 20.12.2018 under Section
376 IPC registered at Police Station Shillai, District Sirmaur
H.P.
2 The petitioner has been arrested on 23.12.2018
and after remaining in police custody, he is in judicial
custody.
08/03/2019 21:59:58 :::HCHP
3 I have gone through the status report filed and
record produced by the respondent/State and I have also
.
heard learned counsel for the parties.
4 Prosecution case, in brief, is that on 17.12.2018
victim had complained about stomachache to her father
(complainant), whereupon she was shifted to the hospital
and in the bathroom of hospital, she had delivered a female
child. Whereupon, on the basis of information supplied by
victim, case was reported to the police by complainant by
making statement under Section 154 Cr.P.C. and after
registration of FIR, during the investigation the petitioner
was found to be involved in violating the person of victim
causing pregnancy to her, which ultimately resulted into
delivery of female child.
5 In his statement, recorded under Section 154
Cr.P.C, complainant has stated that after delivery of child,
doctor had referred her daughter (victim) and her child to
PHC Shillai and he and his aunt (Chachi), along with victim
and child, had come to Shillai hospital in the Ambulance and
her daughter had told him that she had committed a
mistake and had named the accused Mohan Lal as father of
child.
08/03/2019 21:59:58 :::HCHP
6 Thereafter, statement of victim was also
recorded under Section 164 Cr.P.C., wherein she has stated
.
that she had committed a mistake for which the petitioner
had not forced her.
7 The prosecution has also produced a
supplementary statement of victim recorded on 9.2.2019,
wherein it is recorded that on the day of incident, she was
alone at home and when she returned from house of her
grandmother after watching TV and had approached her
bed after bolting the door from inside, she had found
accused Mohan Lal in her bed on his attempt to violate her,
she had tried to stop him but she could not save herself
from him. It is further stated that she was crying but her
cries were not noticed by anyone as there was none at
home and accused has violated her forcibly and left her
house thereafter.
8 There is another statement of victim, signed by
her and her father at the bottom, appears to have been
recorded on 21.12.2018, wherein it has been stated that
accused, who is uncle in relation, used to visit her house
oftenly and during month of March, 2018, he had ravished
her and asked not to tell anybody as it had happened by
08/03/2019 21:59:58 :::HCHP
mistake and disclosure of it would bring bad name to her
and her entire family.
.
9 The victim at the time of incident was of more
than 18 years and age of accused is 23 years.
10 As per DNA report, the victim and accused are
biological parents of child, delivered by victim. Moot
question involved in the case is that as to whether accused
had violated the victim forcibly or not, which is under
consideration before the trial Court as the challan has
already been presented on 10.2.2019.
11 Without commenting upon the merits of case
and keeping in view the facts and circumstances, narrated
herein above, I find that it is a fit case for enlarging the
petitioner on bail subject to furnishing the personal bond in
the sum of Rs. 30,000/- with one surety in the like amount
to the satisfaction of trial Court with the further conditions:-
. (i) That the petitioner shall make
himself available before the trial 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
08/03/2019 21:59:58 :::HCHP
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;
(ii) That he shall not obstruct the smooth
progress of the trial;
(iii) That he shall not jump over the bail and
also shall keep on informing in writing,
regarding change of address and contact
phone number, if any, to P.S. Shillai.
(v) That the petitioner shall not commit the
offence similar to the offence to which he
is accused or suspected or the
commission of which he is suspected.
(vi) That petitioner shall not misuse his liberty
in any manner.
12 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.
13 In case the petitioner violates any condition
imposed upon him, his bail shall be liable to be cancelled.
In such eventuality, prosecution may approach the
08/03/2019 21:59:58 :::HCHP
competent Court of law for cancellation of bail in
accordance with law.
.
14 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.
15 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 bail application filed under
Section 439 of Code of Criminal Procedure 1973.
Dasti copy on usual terms.
(Vivek Singh Thakur)
Judge
March 07, 2019(ms)
08/03/2019 21:59:58 :::HCHP