IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr.MP(M) No. 1592 of 2018
Decided on : 5.12.2018
.
Sunil Kumar …..Petitioner.
Versus
State of H.P. ….Respondent.
Coram:
The Hon’ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?
For the petitioner: Mr. Balwant Singh Thakur,
Advocate.
For the respondent: Mr. Hemant Vaid Mr. Desh Raj
Thakur, Addl. A.Gs.
Sureshwar Thakur, J (oral)
The instant petition, has been filed by applicant/
accused, under Section 439, Code of Criminal Procedure,
wherethrough, he seeks, an order, for his being released from
judicial custody, whereat he is extantly lodged, for, his allegedly
committing an offence, punishable under Section 376 (D), read
with Section 506 of the Indian Penal Code, in respect whereof,
an FIR No. 87 of 2016, of, 21.10.2016, is, registered with Police
Station, Dharampur, District Mandi, H.P.
2. The learned counsel for the bailapplicant, has,
submitted before this Court, the, statements’ rendered before
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the learned trial Court concerned, by the prosecutrix and by
.
her mother, (i) and, a perusal whereof reflects that both the
prosecutrix and her mother rather completely resiling, from,
their previous statements, recorded in writing (ii) and the
extent, of, renegings’ rather encompresses,’ also, the
proceedings drawn, under Section 164 Cr.P.C., and, visavis,
the MLC prepared, by the Doctor concerned, who, put her to
medical examination.
3. Given the omnibus magnitude, of, resilings’ of the
material prosecution witnesses, this Court is constrained, to, at
this stage conclude, that prima facie, no case at this stage
being made out against the bailapplicant, and, also further
constrains, this Court to order, for, the release of the bail
applicant.
4. The bailapplicant/accused is suffering judicial
incarceration, for, two years, hence bearing in mind the
aforesaid factum, this Court deems it fit and appropriate, (i)
importantly, when the Investigating Officer has reported that
the bailapplicant, has throughout associated, hence, in the
relevant investigation, to, hence afford, the facility of bail in
favour of the bail applicant/petitioner. Moreso, when at this
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stage, no evidence has been adduced by the prosecution,
.
demonstrating, that in the event of bail being granted to the
bail applicant/petitioner, there being every likelihood of his
fleeing from justice or tampering with prosecution evidence,
Accordingly, the indulgence of bail, is, granted to the bail
applicant/petitioner, on, the following conditions:
i) That he shall furnish personal bond, comprised in a
sum of Rs. 5,00,000/ with two sureties in the like
amount, to the satisfaction of the learned trial
Court.
ii) That he shall join the investigation, as and when
required by the Investigating agency;
iii) That he 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 the Court
or to the Police;
iv) That he shall not leave India without the previous
permission of the Court;
v) That he shall deposit his passport, if any, with the
Police Station, concerned;
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vi) That in case of violation of any of the conditions, the
.
bail granted to the petitioner shall be forfeited and
he shall be liable to be taken into custody.
6. In view of above, petition stands disposed of. Any
observation made herein above shall not be taken as an
expression of opinion on the merits of the case and the trial
Court shall decide the matter uninfluenced by any observation
made herein above.
Dasti Copy.
5th December, 2018 (Sureshwar Thakur),
(kck) Judge.
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