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Himachal Pradesh High Court · body

2013 DIGILAW 912 (HP)

AJAY THAKUR v. STATE OF H. P.

2013-10-24

DHARAM CHAND CHAUDHARY

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JUDGEMENT DHARAM CHAND CHAUDHARY,J. - 1. LEARNED Additional Advocate General has placed on record the status report and the Investigating Officer, ASI Vijay Kumar, Police Station, Dhalli has produced the record. 2. HEARD . The petitioner, who is an accused in FIR No.94 of 2013 registered against him under Sections 366 and 376 of Indian Penal Code in Police Station, Dhalli, has filed this petition for grant of bail. He has been booked in the case with the allegations that he allured the prosecutrix at the pretext that he will solemnize marriage with her. He came to her parental house on 23rd May, 2013 around 5.30 p.m. on his motor cycle. She was taken by him on the motor cycle to Manali, Kullu and Bhuntar and made to stay there in hotels. He subjected her to sexual intercourse at all these places against her will and without her consent. When at Manali before assaulting her sexually, she asked him to first solemnize marriage with her, he told that the marriage can be solemnized later on. From Bhuntar, she was brought by the accused -petitioner to Narkanda in his vehicle. He loaded cherry and almond in the vehicle and returned to Manali in the night itself. On the following morning again after unloading the vehicle he drove the same to Narkanda and after loading cherry and almond returned in the night to Manali. This continued for 3 -4 days and during this period, he made her also to stay with him in the vehicle itself and subjected her to sexual intercourse. 3. IT is on 19.6.2013 the accused had taken her to Narkanda and asked to go to her house and refused to solemnize marriage with her. After two days, i.e. on 21.6.2013 Rapat No.19 came to be entered at the instance of the prosecutrix in Police Post, Kumarsen. The prosecutrix, however, was forwarded to Police Station, Dhalli alongwith a copy of rapat through a lady constable. The FIR, therefore, came to be registered in Police Station, Dhalli. 4. THE Prosecutrix as per the record available at this stage is 22 years of age. The investigation in the case is now complete as only the report of DNA test is left to be obtained. The FIR, therefore, came to be registered in Police Station, Dhalli. 4. THE Prosecutrix as per the record available at this stage is 22 years of age. The investigation in the case is now complete as only the report of DNA test is left to be obtained. A similar application filed by the accused - petitioner in the Sessions Court stands dismissed vide order Annexure P -1 on the sole ground that the investigation is not complete and, as such, the accused cannot be released on bail. Though as per the settled legal principles at the time of consideration of an application for grant of bail, detailed examination of the evidence collected by the investigating agency is not required as to do so may cause prejudice to the case of either party. However, at the same time, the reasons also need to be recorded in support of the order accepting or rejecting an application of this nature. In view of that the prosecutrix remained in the company of the accused nearly about one month, prima facie, he seems to have subjected her to sexual intercourse. However, it is against her will and without her consent, in the given facts and circumstances, no such opinion even, prima facie, can be formed at this stage because she being 22 years of age, not suffers from any disability and on that account was not in a position to give her consent and rather visited several places with the accused for about one month, stayed in hotels and travelled in his vehicle from Narkanda to Manali and back continuously. 5. THE accused -petitioner is permanent resident of district Shimla. He is in judicial custody being not required any further for the purpose of interrogation. His further detention well before holding trial against him in the given facts and circumstances would be unwarranted. There is also no likelihood of his absconding or jumping over the bail and not available for the purpose of further interrogation, if required, as being local resident, this Court is satisfied that he has roots in the society. The apprehension of the investigating agency that he may tamper with the evidence or try to win over the prosecution witnesses can be taken care of by imposing suitable conditions upon him. 6. The apprehension of the investigating agency that he may tamper with the evidence or try to win over the prosecution witnesses can be taken care of by imposing suitable conditions upon him. 6. THEREFORE , having regard to the given facts and circumstances of the case, I allow this application and order that the accused -petitioner, who has been arrested in connection with a case registered against him vide FIR No.94 of 2013 in Police Station, Dhalli, be released on bail subject to his furnishing personal bond in the sum of Rs.50,000/ - with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Shimla and shall also abide by the following conditions: (a) 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 if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; (b) not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; (c) not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; (d) till the recording of statements of material prosecution witnesses shall keep on visiting Police Station, Dhalli once in each and every month and keep on informing the Investigating Officer about his address so that in the event of his presence during the course of interrogation or trial is required, the same can be secured conveniently; and (e) not leave the territory of India without the prior permission of the Court. It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail. 7. ANY observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone. The application stands accordingly disposed of.