IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
.
Cr.MP(M) No. 2146 of 2019.
Date of decision: December 03, 2019.
Rahul Thakur. …..Petitioner.
Versus
State of Himachal Pradesh. ……Respondent.
Coram
The Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge .
Whether approved for reporting? 1 No.
For the petitioner : Mr. Vishwa Bhushan, Advocate.
For the respondent : Mr. Narender Guleria and Mr.
Hemanshu Mishra, Addl. AGs.
ASI Dinesh Kumar, Women Police
Station, Mandi, in person.
Dharam Chand Chaudhary, Judge (Oral)
The petitioner is an accused in a case registered
against him in women Police Station, Mandi, District Mandi vide
FIR No. 46 of 2019, under Section 376 of the Indian Penal Code
with the allegations that he get acquaintance with the
complainant, the victim of occurrence, for the last few months.
They initially met with each other. Started thereafter
conversation with each other and ultimately fell in love. The
1
Whether the reporters of the local papers may be allowed to see the
Judgment? yes.
05/12/2019 20:26:02 :::HCHP
2
complaint is that the accused-petitioner expressed his desire to
solemnize marriage with the victim. He allured her at the pretext
.
of marriage and succeeded in establishing physical relations with
her. Thereafter also he continued in subjecting her to sexual
intercourse at the pretext of solemnizing marriage with her.
Lastly he came to her room on 28th October, 2019. After
establishing physical relations with her during that night also
29.10.2019. to
refused to solemnize marriage with her on the next day i.e.
It is with such allegations the FIR came to be
registered against the accused-petitioner.
2. The police after registration of the case has
conducted the investigation. The victim was produced before
learned Judicial Magistrate and her statement under Section 164
Cr.P.C. got recorded. On finding a case under Section 376 IPC
allegedly made out against the accused-petitioner, he was
arrested during midnight of 3rd November, 2019.
3. The investigation except for obtaining the report
from Regional Forensic Science Laboratory, Mandi is almost
complete. The accused-petitioner though is stated to be not
required any further for the purpose of interrogation, however,
this application has been sought to be dismissed on the grounds,
inter alia, that the offence he committed is not only heinous but
grievous in nature. The apprehension of the Investigating
Agency is also that in the event of admitted on bail,he may
05/12/2019 20:26:02 :::HCHP
3
tamper with the prosecution evidence and terrorize the
prosecution witnesses.
.
4. On analyzing the submissions made by learned
counsel representing the accused-petitioner and also learned
Additional Advocate General as well as going through the record
the present is a case where the victim of the occurrence is 24
years of age, hence major. The record itself reveal that the
Whether the
relations with her
r to
victim and the accused-petitioner were in love with each other.
accused-petitioner has established
fraudulently ad obtaining her consent by
physical
falsely representing that he will solemnize marriage with her are
the allegations which have to be proved against him by the
prosecution on the basis of the evidence to be produced during
the course of trial.
5. On the other hand, the present is a case where it
cannot be said that in the event of admitted on bail, the
accused-petitioner is likely to abscond or flee away from justice
because he is permanent resident of district Mandi and prior to
his arrest in this case was working as Probationary Officer in
Himachal Gramin Bank at Mandi. The apprehension of the
persecution that if admitted on bail, he may tamper with the
prosecution evidence and terrorize the prosecution witnesses is
also far fetched as the accused-petitioner is not a habitual
offender nor is there any past criminal history in his credit.
05/12/2019 20:26:02 :::HCHP
4
6. Not only this, it has been brought to the notice of this
court by learned counsel on instructions from Shri Roop Lal, the
.
father of the accused-petitioner, present in the court, that if the
victim and her parents are ready and willing, the marriage of the
accused-petitioner will be solemnized with her. By chance, the
victim of the occurrence accompanied by her sister is also
present in the court. Though her parents are not present,
r as she to
however, she is also not averse to her marriage with the
accused-petitioner disclosed in the
development in the matter is also a mitigating circumstance so
Court. This
far as the magnitude of the offence allegedly committed by the
accused-petitioner is concerned because otherwise also as per
the statement of the victim herself made before the Magistrate
under Section 164 Cr.P.C., the accused-petitioner established
physical relations with her at the pretext that he will solemnize
marriage with her. Anyhow, leaving this aspect of the matter
open to be considered during the course of appropriate
proceedings, in case instituted, the present in the given facts and
circumstances is a fit case where the accused-petitioner
deserves to be admitted on bail.
7. Having said so, this application is allowed.
Consequently, the accused-petitioner, who has been arrested in
connection with the case registered against him vide FIR No. 46
of 2019 in Women Police Station, Mandi and presently detained in
05/12/2019 20:26:02 :::HCHP
5
judicial custody is ordered to be released on bail subject to his
furnishing personal bond in the sum of `25,000/- with one surety
.
in the like amount to the satisfaction of learned Chief Judicial
Magistrate/any other Judicial Magistrate at Mandi. He shall
further abide by the following conditions:-
That he shall:-
a. regularly attend the trial Court on each and every
date of hearing and if prevented by any reason todo so, seek exemption from appearance by filing
appropriate application;
b. not to tamper with the prosecution evidence nor
hamper the investigation of the case in any
manner whatsoever;
c. not make any inducement, threat or promise to
any person acquainted with the facts of the caseso as to dissuade him/her from disclosing such
facts to the Court or the Police officer; andd. not leave the territory of India without the prior
permission of the Court.
8. It is clarified that if the petitioner misuses his liberty
or violates any of the conditions imposed upon him; the
Investigating Agency shall be free to move this Court for
cancellation of the bail.
05/12/2019 20:26:02 :::HCHP
6
9. The observations hereinabove shall remain confined
to the disposal of this petition and have no bearing on the merits
.
of the case. The application is accordingly disposed of.
(Dharam Chand Chaudhary),
Judge.
December 03, 2019,
( vs)
r to
05/12/2019 20:26:02 :::HCHP