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Mohan Lal vs State Of H.P on 7 March, 2019

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.

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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.

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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

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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

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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

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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)

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