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Himachal Pradesh High Court · body

2013 DIGILAW 955 (HP)

VIRENDER KUMAR v. STATE OF HIMACHAL PRADESH

2013-11-14

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, SHO, Aashish Samuel, Police Station, Chirgaon has produced the record. 2. HEARD. The accused-petitioner has been booked by the police of Police Station, Chirgaon under Sections 376, 313 and 506 of Indian Penal Code vide FIR No.71 of 2013 with the allegations that on allurement to solemnize marriage with the complainant, he subjected her to sexual intercourse repeatedly against her will and without her consent. She conceived a child also on account of repeated sexual intercourse he committed with her. When she insisted upon him to solemnize marriage with her, he refused to do so and to the contrary taken her to Datnagar (Rampur) on 26.9.2013 at the pretext of getting her medically checked-up there, however, managed to terminate the pregnancy she was carrying. It is after such acts and conduct of the accused-petitioner, FIR came to be registered against him. 3. THE documents annexed to the petition reveal that after registration of the FIR, the accused-petitioner has solemnized marriage with the complainant. The entries to this effect find recorded in Panchayat record also. It seems to be for this reason that the complainant refused to under- go medical examination when taken to hospital by the police. Her statement under Section 164 Cr.P.C. also seems to be not recorded by the learned Judicial Magistrate, Rohru for this reason. 4. THE complainant is present in person with accused-petitioner. On being asked about her marriage and relations with the accused, she submits that she is happily married with the accused-petitioner and living in the matrimonial home. Her statement under Section 164 Cr.P.C. also seems to be not recorded by the learned Judicial Magistrate, Rohru for this reason. 4. THE complainant is present in person with accused-petitioner. On being asked about her marriage and relations with the accused, she submits that she is happily married with the accused-petitioner and living in the matrimonial home. Therefore, irrespective of the accused- petitioner has been booked by the police for the commission of a heinous offence, in view of the subsequent developments, highlighted in the application and supported by the documents annexed therewith, I allow this application and order that in the event of arrest of the accused-petitioner in connection with FIR No.71 of 2013 registered in Police Station, Chirgaon, he shall 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 the arresting police officer/investigating officer and shall further abide by the following conditions: That he shall (a) make himself available for the purpose of interrogation as and when required to do so and not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; and (b) 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. 5. 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.