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2009 DIGILAW 314 (HP)

SISHU v. STATE OF H. P.

2009-04-09

SURINDER SINGH

body2009
JUDGMENT Surinder Singh, J. (Oral):- The petitioner was arrested on 28.2.2009 in FIR No. 17/2009 dated 26.2.2009, registered under Section 376 of the Indian Penal Code in Police Station Kheri, District Chamba, H.P. under Section 376 of the Indian Penal Code at the instance of the prosecutrix, who was then about 18 years of age. The instant application has been moved under Section 439 of the Code of Criminal Procedure for his enlarging on bail. 2. In nutshell, the case of the prosecution is that the prosecutrix was fully aware that the petitioner was already married. His wife was not living with him. The prosecutrix alleged that the petitioner represented that he was not pulling well with his wife as such he would leave her and marry the prosecutrix and thereafter established physical contact with her in the month of September, 2008, thus three four times committed sexual intercourse with him, which resulted in her pregnancy. Coming to know about this fact, the petitioner kept distance from the prosecutrix. Ultimately, she lodged the FIR in the month of February, 2009 alleging rape, against him. 3. The challan against the petitioner has been presented in the court for his trial. In the circumstances put forth, in my opinion, without commenting upon the merits of the case, the petitioner has a case for bail, as such the application is allowed and the petitioner is ordered to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Chamba and this bail shall be subject to the following conditions:- (i) That the petitioner shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of this case so as to dissuade him from disclosing such facts to the court or the Police officer. (ii) The petitioner shall not tamper with the prosecution evidence in any manner and shall present in the court as and when required; (iii)The petitioner shall not misuse his liberty of bail in any manner. In case, any of the above conditions are infracted by the petitioner, liberty of bail shall be cancelled. 4. Any observation made hereinabove, shall not effect the merits of the case in any manner. 5. In case, any of the above conditions are infracted by the petitioner, liberty of bail shall be cancelled. 4. Any observation made hereinabove, shall not effect the merits of the case in any manner. 5. An authenticated copy of this order be sent to the learned Chief Judicial Magistrate, Chamba forthwith for information and necessary action at his end. The matter stands disposed of.