Himachal Pradesh High Court
Vikram Singh vs State Of H.P on 12 January, 2024
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.M.P(M) No. 17 of 2024
.
Decided on: 12th January, 2024
Vikram Singh …….Applicant
Versus
State of H.P. …Respondent
of
Coram
The Hon’ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant:
rt Mr. Ankit Dhiman and Mr.
Akshat Bhaskar, Advocates
For the respondent: Mr. Tejasvi Sharma, Addl. A.G
with Ms. Leena Guleria, Dy.
A.G.
Virender Singh, Judge (Oral)
By way of present application, under Section 439
of the Code of Criminal Procedure (hereinafter referred to as
‘Cr.PC’), applicant-Vikram Singh has sought his release, on
bail, during the pendency of trial, in case FIR No. 47 of 2023,
dated 23.04.2023, registered with Police Station Sadar
Nahan, District Sirmaur, H.P., under Sections 315, 317 and
376 of the Indian Penal Code (hereinafter referred to as ‘IPC’)
and Section 6 of the Protection of Children from Sexual
Offences Act (hereinafter referred to as the ‘ POCSO Act’).
1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
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2. According to the applicant, he is an innocent
person and has falsely been implicated, in the present case
.
and he has nothing to do with the offences, for which, he has
been arrested, in this case.
3. According to the applicant, investigation in the
of
present case is complete and police has submitted report
under Section 173(2) Cr.P.C. Apart from this, the applicant
has pleaded that he is ready and willing to marry with the
rt
child victim.
4. On the basis of above facts, the applicant has
given, certain undertakings, for which, he is ready to abide
by, in case, ordered to be released on bail, during the
pendency of the trial.
5. Apart from this, it has also been submitted by
learned counsel for the applicant that the chances of
conclusion of trial, in near future, against the applicant are
not so bright, as such, no useful purpose would be served
by keeping him in judicial custody, that too, for indefinite
period.
6. The age of the applicant is stated to be 20 years
and on the basis of said fact, it has been submitted by
learned counsel for the applicant that the applicant is a
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young man, and keeping him in the judicial custody, that too,
in the company of hardened criminals would certainly affect
.
his career.
7. Learned counsel for the applicant has also placed
on record copy of statement made by the child victim before
of
the learned trial Court. This document has been placed on
record for highlighting the fact that the child victim has given
her age in the statement, on oath, as 28.10.2004. In addition
rt
to this, this document also shows that the child victim has
not supported the case of the prosecution.
8. On the basis of above facts, a prayer has been
made to allow the application.
9. When put to notice, the police has filed the status
report, disclosing therein, that on 23.04.2023, Veena Devi,
Pradhan Gram Panchayat, in which, the child victim was
residing informed the police regarding the fact that near
Bohal hotel, dead fetus of 5-6 months was found, upon
which, SI Rajvinder along-with other police officials reached
on the spot, where, father of the child victim has made
statement under Section 154 Cr.P.C., disclosing therein, that
on 23.04.2023, he was at his home and at about 6.00 a.m.
when he came out in his courtyard, then, he noticed the birds
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in the field. Thereafter, he had gone to the fields of Satya
Devi and noticed a dead human fetus under the tree. On
.
seeing the dead fetus, this witness has observed that some
woman had got the fetus aborted and thrown the same there.
10. On the basis of above facts, police registered the
of
FIR under Section 315 IPC. Thereafter, the investigation was
entrusted to PSI Rajni. The fetus, so recovered, was sent for
post-mortem to the hospital at Nahan.
rt
11. On 25.04.2023, Pradhan, Gram Panchayat under
Section 161 Cr.PC was recorded, who has expressed her
suspicion that the said fetus could be of the child victim,
upon which, I.O along-with other police officials reached at
the residence of complainant, where, complainant and his
wife and daughter were there.
12. The statement of child victim under Section 164
Cr.PC was recorded, in which, she has disclosed that she is
unmarried and in the month of September, 2023, she had
developed physical relations with Vikram Singh (applicant)
due to which, she became pregnant. When, she has disclosed
this fact to the applicant, he has given her some medicine,
which she had consumed on the night of 22.04.2023.
Consequently, her fetus was aborted. Next day, she has
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thrown the said fetus in the fields. According to her further
revelation, when the physical relations were made, at that
.
time, she had not completed the age of 18 years and Vikram
Singh (applicant) had developed the physical relations on the
pretext of marrying her.
of
13. On the basis of above facts, the police has added
the provisions of Section 376 IPC and Section 6 of the POCSO
Act. rt
14. In the DNA profiling, the child victim was found to
be the biological mother of the fetus and the applicant was
found to be the biological father of the fetus.
15. The accused was arrested on 25.04.2023. After
the completion of investigation, the police has filed the report
under Section 173(2) Cr.PC, which is pending before the
learned trial Court.
16. On the basis of above facts, a prayer has been
made to dismiss the application.
17. First of all coming to the fact that the child victim
has turned hostile is concerned, the statement of the hostile
witness does not efface from the record and the evidentiary
value of the witness, who has turned hostile, is to be
considered by the learned trial Court. As such, no benefit
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could be derived by the applicant from the said fact.
However, one thing which can be considered, at this stage, for
.
deciding the question of bail is that the child victim in the
opening line of her statement recorded, on oath, has given her
date of birth as 28.10.2004.
of
18. Considering the fact that the child victim has
already been examined and the chances of conclusion of trial,
in near future are not so bright, as such, the applicant cannot
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be kept in judicial custody, that too, for indefinite period.
19. The age of the applicant in the bail application has
been mentioned as 20 years and the same has also been
mentioned in the status report. Thus, keeping in view the age
of the applicant, keeping him in the judicial custody, that too,
in the company of hardened criminals would certainly affect
his career.
20. Considering all these facts, this Court is of
the view that the bail application is liable to be allowed and
is accordingly allowed.
21. The applicant is ordered to be released on bail in
case FIR No. 47 of 2023, dated 23.04.2023, registered with
Police Station Sadar Nahan, District Sirmaur, H.P., under
Sections 315, 317 and 376 IPC and Section 6 of the POCSO
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Act, on his furnishing personal bond in the sum of
Rs.50,000/- , with one surety in the like amount, to the
.
satisfaction of learned trial Court. This order, however, shall
be subject to the following conditions:
a) The applicant shall make himself available for the
purpose of interrogation, if so required and regularly attend
the trial Court on each and every date of hearing and ifof
prevented by any reason to do so, seek exemption from
appearance by filing appropriate application;
b) The applicant shall not tamper with the prosecution
rt
evidence nor hamper the investigation of the case in any
manner whatsoever;
c) The applicant shall not make any inducement, threat or
promises to any person acquainted with the facts of the
case so as to dissuade them from disclosing such facts to
the Court or the Police Officer; and
d) The applicant shall not leave the territory of India
without the prior permission of the Court.
22. Any of the observations made hereinabove shall
not be taken as an expression of opinion on the merits of the
case, as, these observations are confined only to the
disposal of the present bail application.
23. It is made clear that the respondent-State is at
liberty to move an appropriate application, in case, any of
the bail conditions is found to be violated by the applicant.
24. The Registry is directed to forward a soft copy of
the bail order to the Superintendent Model Central jail,
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Nahan, District Sirmaur, H.P. through e-mail, with a
direction to enter the date of grant of bail in the e-prison
.
software.
25. In case, the applicant is not released within a
period of seven days from the date of grant of bail, the
of
Superintendent Model Central jail, Nahan, District Sirmaur,
H.P., is directed to inform this fact to the Secretary, DLSA,
Sirmaur at Nahan. The Superintendent of the concerned jail,
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is further directed that if the applicant fails to furnish the
bail bonds, as per the order passed by this Court, within a
period of one month from today, then, the said fact be
submitted to this Court.
January 12, 2024 ( Virender Singh )
(naveen) Judge
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