IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No. 502 of 2017
Decided on: 15th May, 2017
Rajesh Singh ….Petitioner
Versus
.
State of Himachal Pradesh …Respondent
Coram
The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting?1 No.
For the petitioner: Ms. Anjali Soni Verma, Advocate.
For the respondent/State: Mr. Pushpinder Jaswal, Deputy Advocate
General and Mr. Rajat Chauhan, Law
Officer.
ASI Naresh Kumar, Police Station
Shahpur, District Kangra, H.P.
_
Chander Bhusan Barowalia, Judge. (oral).
The present bail application has been maintained by the
petitioner under Section 438 of the Code of Criminal Procedure for
releasing him on bail, in the event of their arrest, in case FIR No. 73 of
2017, dated 19.04.2017, registered under Sections 376 and 506 of
Indian Penal Code, 1860 (for short “IPC“), Police Station Shahpur,
District Kangra, H.P.
2. As per the learned counsel for the petitioner, the petitioner
is innocent and has been falsely implicated in the present case. He is
resident of the place and neither in a position to tamper with the
prosecution evidence nor in a position to flee from justice, thus he may
be released on bail.
3. Police report stands filed. As per the prosecution story, on
19.04.2017, the prosecutrix (name withheld) alongwith her mother,
1
Whether reporters of Local Papers may be allowed to see the judgment?
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Smt. Lalita Devi, filed a written complaint against the petitioner
wherein it was alleged by the prosecutrix that she and the petitioner
had a love affair. The petitioner, on the pretext of marrying the
prosecutrix, established sexual relations with her for four years.
.
However, the petitioner did not marry her and engaged himself with
another girl. The prosecutrix has further alleged that the petitioner
told her to keep silent and take some money for keeping mum. Police,
on the basis of the complaint filed by the prosecutrix, investigated the
matter. The prosecutrix was got medically examined. Statement of the
prosecutrix was also recorded under Section 164 Cr.P.C., wherein she
reiterated the contents of the complaint and alleged that the petitioner
also intimidated her with dire consequences. Police prepared the spot
map and photographs of the room of the prosecutrix were also taken.
Statements of the witnesses, under Section 161 Cr.P.C., were also
recorded. The petitioner was also medically examined and his
underwear and vest were taken into possession. The samples of nails,
pubic hair, sperm and blood etc. were also taken. Investigation further
revealed that in the year 2014, when the prosecutrix was doing
computer course from ITI Shahpur, she met the petitioner. They
developed friendship and the petitioner used to come to her house.
The petitioner promised to marry the prosecutrix and on this pretext he
developed sexual relationship with the prosecutrix, but in March, 2017,
the prosecutrix came to know that the petitioner is going to marry
another girl. Lastly, the prosecution has prayed for dismissal of the
present application.
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4. I have heard the learned counsel for the petitioner,
learned Deputy Advocate General for the State and have gone through
the record, including the police report, carefully.
5. The learned counsel for the petitioner has argued that the
.
petitioner is innocent and has been falsely implicated in this case. He
has further argued that the petitioner is resident of place and is not in
a position to tamper with the prosecution evidenced and also not in a
position to flee from justice. Learned counsel for the petitioner has
placed reliance on a judgment of this Hon’ble High Court rendered in
Harpal Singh vs. State of Himachal Pradesh, 2014 (3) Shimla
Law Cases 1789, wherein the petitioner (accused) has allegedly
committed offence under Sections 376, 452 and 506 IPC and he
approached the Court seeking bail. In the case (supra) the Court held
that there is no apprehension made out by State that in the event of
petitioner being enlarged on bail, he would tamper with witnesses or
extend any threats to complainant. The Court has also observed that
there is no probability of petitioner abusing his liberty nor would he
interfere or in any manner impede with course of justice. Conversely,
the learned Deputy Advocate General has argued that the petitioner
has committed a very serious crime and keeping in view the
seriousness of the crime there are chances that in case the petitioner is
enlarged on bail he may tamper with the prosecution evidence, so the
petitioner may not be enlarged on bail.
6. At this stage, taking into consideration the facts and
circumstances, as above, and also the fact that the petitioner is a
resident of the place, he is not in a position to tamper with the
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prosecution evidence and flee from justice and also taking into
consideration the judgment rendered in Harpal Singh’s case (supra),
the present is a fit case where the judicial discretion to admit the
petitioner on bail, in the event of his arrest, is required to be exercised
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in his favour. Under these circumstances, it is ordered that the
petitioner be released on bail, in the event of his arrest, in case FIR No.
73 of 2017, dated 19.04.2017, registered under Sections 376 and 506
of IPC, Police Station Shahpur, District Kangra, H.P., on his furnishing
personal bond to the tune of `25,000/- (rupees twenty five thousand
only) with one surety in the like amount to the satisfaction of
Investigating Officer. The bail is granted subject to the following
conditions:
(i) That the petitioner will join investigation of the
case as and when called for by the Investigating
Officer in accordance with law.
(ii) That the petitioner will not leave India without
prior permission of the Court.
(iii) That the petitioner will not directly or indirectly
make any inducement, threat or promise to any
person acquainted with the facts of the case soas to dissuade him/her from disclosing such
facts to the Investigating Officer or Court.
7. In view of the above, the petition is disposed of.
Copy dasti.
(Chander Bhusan Barowalia)
15th May, 2017 Judge
(virender)
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