JANAK THAKUR v. STATE OF HIMACHAL PRADESH THROUGH LD. A. G.
2013-02-22
RAJIV SHARMA
body2013
DigiLaw.ai
JUDGEMENT RAJIV SHARMA, J. 1. F.I.R. No. 262 of 2012 dated 28.12.2012 was registered under sections 376 and 506 of the Indian Penal Code and under section 3 (XI) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, in Police Station, Sadar, Solan. 2. HEARD. Police has produced the record. According to the prosecutrix, petitioner seduced her with false promise of marriage and started her physical exploitation. As whether reporters of the local papers may be allowed to see the judgment? No a result of physical relationship, prosecutrix got pregnant in the month of March, 2012. Petitioner got the pregnancy terminated by administering the tablets and also threatened her with dire consequences. The prosecutrix was medically examined at Regional Hospital, Solan and M.L.C. was issued. The Medical Officer has opined as under: "In my opinion there is no evidence of recent abortion. And about past abortion no definite opinion could be made." The bail application has been opposed only on the ground that the recorded version between the petitioner and prosecutrix has been sent to F.S.L. Junga to obtain the soft copy of voice recording, transcription of SMS and to establish the voice of male/female. 3. THE Court is of the considered view that on the basis of the records produced before the Court; petitioner has made out a prima facie case for enlargement of bail. 4. CONSEQUENTLY, the application is allowed and the petitioner is ordered to be released on bail on his furnishing personal bond in the sum of Rs. 25,000.00 with one surety of the like amount to the satisfaction of the trial court in F.I.R. No. 262/2012 dated 28.12.2012 registered under sections 376 and 506 of the Indian Penal Code and under section 3 (XI) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Police Station, Sadar, Solan. The petitioner shall join the investigation as and when called upon by the police. He shall not try to win over or terrorize the prosecution witnesses and will not temper with the prosecution evidence. It is made clear that the observations made hereinabove shall have no bearing on the merit of the main case. 5. ACCORDINGLY, the petition stands disposed of. Copy Dasti. Petition Stands Disposed.