IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No. 2108 of 2019
Decided on: 27th November, 2019
.
Rohit Kumar ….Petitioner
Versus
State of Himachal Pradesh …Respondent
Coram
The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting?1 Yes.
For the petitioner: Mr. Deepak Kaushal, Advocate.
For the respondent/State: Mr. P.K. Bhatti, Additional Advocate
General, with Mr. Raju Ram Rahi and Mr.
r Gaurav Sharma, Deputy Advocates General.
ASI Hem Raj, I.O. Police Station Kala Amb,
Sirmour, District Nahan, H.P.
Chander Bhusan Barowalia, Judge. (oral).
The present bail application has been maintained by the
petitioner under Section 439 of the Code of Criminal Procedure seeking his
release in case FIR No. 170 of 2019, dated 20.09.2019, under Sections 376
IPC, Police Station Kala Amb, Sirmour, District Nahan, H.P.
2. As per the averments made in the petition, the petitioner is
innocent and has been falsely implicated in the present case. He is neither
in a position to tamper with the prosecution evidence nor in a position to
flee from justice. No fruitful purpose will be served by keeping him behind
the bars for an unlimited period, so he be released on bail.
1
Whether reporters of Local Papers may be allowed to see the judgment? Yes.
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3. Police report stands filed. As per the prosecution story, on
20.09.2019 the prosecutrix (name withheld) made a written complaint to
the police, wherein she alleged that she is 29 years old and resident of
.
Haryana. The prosecutrix further stated that for the last 14 years she used
to reside in a rented accommodation at Moginand, Nahan. She used to
work in factories and about three years back she came in contact with the
petitioner, who hails from District Mainpuri, U.P. The petitioner told her
that he is unmarried and wants to marry her. Gradually, the petitioner
gained the trust of the prosecutrix and taking advantage of trust, he had
sexual intercourse with her in the rented accommodation. The petitioner
told her that he will have a word with his parents qua their marriage and he
regularly sexually molested the prosecutrix. Lastly, on 06.08.2019 the
petitioner went to his home and told her that he will soon marry her.
Thereafter, the petitioner stopped picking up the telephonic calls of the
prosecutrix and his both mobiles numbers were switched off. As per the
prosecutrix, the petitioner on the pretext of marrying her, sexually exploited
her. Upon the complaint, so made by the prosecutrix, police registered a
case and the investigation ensued. The prosecutrix was medically
examined. Police prepared the spot map and also recorded the statements
of the witnesses. In order to evade his arrest, the petitioner absconded and
on 19.10.2019 he was arrested. Police lifted the scientific samples for
examination and the report is awaited. As per the police, investigation is
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complete and soon challan will be presented in the learned Trial Court.
Lastly, it is prayed that the bail application of the petitioner be dismissed,
as the petitioner has committed a heinous offence. In case the petitioner is
.
enlarged on bail, at this stage, he may tamper with the prosecution
evidence and may also flee from justice, as he is resident of Uttar Pradesh,
so the bail application of the petitioner be dismissed.
4. I have heard the learned Counsel for the petitioner, learned
Additional Advocate General for the State and gone through the record,
including the police report, carefully.
5. The learned Counsel for the petitioner has argued that the
petitioner is trying to impress upon his parents, so that they agree for his
marriage with the prosecutrix and in fact this case is registered by the
prosecutrix due to some misunderstanding. He has further argued that the
petitioner is neither in a position to tamper with the prosecution evidence
nor in a position to flee from justice. He has argued that no fruitful
purpose will be served by keeping the petitioner behind the bars for an
unlimited period, so the petition may be allowed and the petitioner be
enlarged on bail. Conversely, learned Additional Advocate General has
argued that the petitioner has committed a heinous crime and in case he is
enlarged on bail, he may tamper with the prosecution evidence and may
also flee from justice, as he is resident of Uttar Pradesh, so it is prayed that
the bail application of the petitioner may be dismissed.
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6. In rebuttal the learned Counsel for the petitioner has argued
that the petitioner cannot be kept behind the bars for an unlimited period,
especially when investigation is complete and challan is likely to be
.
presented in the learned Trial Court soon. Nothing is to be recovered from
the petitioner and his custody is not at all required by the police, so the
application be allowed and the petitioner be enlarged on bail.
7. At this stage, considering the manner in which the offence is
alleged to have been committed by the petitioner, the fact that the
investigation is complete and the challan will be presented in the Court
soon, custody of the petitioner is not at all required by the police,
considering the fact that the petitioner is willing to impress upon his
parents so that they agree for his marriage with the prosecutrix, the
petitioner is neither in a position to tamper with the prosecution evidence
nor in a position to flee from justice, considering the overall material, which
has come on record, and without discussing the same at this stage, the
petitioner is ready and willing to abide by the terms and conditions of bail,
in case so granted, and also the fact that the petitioner cannot be kept
behind the bars for an unlimited period, so this Court finds that the present
is a fit case where the judicial discretion to admit the petitioner on bail is
required to be exercised in his favour. Accordingly, the petition is allowed
and it is ordered that the petitioner, who has been arrested by the police, in
case FIR No. 170 of 2019, dated 20.09.2019, under Sections 376 IPC, Police
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Station Kala Amb, Sirmour, District Nahan, H.P., shall be released on bail
forthwith in this case, subject to his furnishing personal bond in the sum of
`25,000/- (rupees twenty five thousand) with one surety in the like amount
.
to the satisfaction of the learned Trial Court. The bail is granted subject to
the following conditions:
(i) That the petitioner will appear before the
learned Trial Court/Police/authorities as and
when required.
(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 toany person acquainted with the facts of the
case so as to dissuade him/her from disclosing
such facts to the Investigating Officer or Court.
(iv) That the petitioner will not tamper with the
prosecution evidence in any manner
whatsoever and if the bail petitioner tries to
misconduct or to tamper with the prosecution
evidence, the bail granted to the petitioner
shall be liable to be rejected.
8. In view of the above, the petition is disposed of.
Copy dasti.
(Chander Bhusan Barowalia)
27th November, 2019 Judge
(virender)
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