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Himachal Pradesh High Court · body

2014 DIGILAW 1996 (HP)

Gulchen Singh S/o. Suram Singh v. State of H. P.

2014-12-24

P.S.RANA

body2014
JUDGMENT : P.S. Rana, J. Present bail application is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with FIR No. 142 of 2014 dated 10.7.2014 registered under Sections 363 and 366 of the Indian Penal Code at Police Station Nalagarh District Solan H.P. 2. It is pleaded that applicant has been falsely implicated in the present case and it is further pleaded that applicant has nothing to do with the alleged criminal offences. It is further pleaded that the applicant belongs to a reputed family in the locality. It is further pleaded that applicant has old parents dependent upon him and applicant is only bread earner in the family. It is further pleaded that prosecutrix in her statement clearly stated that she left her house at her own. It is further pleaded that applicant is not required for investigation purpose. It is further pleaded that no recovery is to be effected from the applicant and it is further pleaded that applicant will not tamper the prosecution evidence in any manner. Prayer for acceptance of bail application is sought. 3. Per contra police report filed. As per police report case FIR No. 142 of 2014 dated 10.7.2014 under Sections 363 and 366 was registered at Police Station Nalagarh District Solan H.P. There is recital in the police report that during investigation medical examination of the prosecutrix was conducted and as per report of Medical Officer no sexual intercourse was committed. There is further recital in the police report that accused was working in Himachal Pradesh and was tenant in the house of parents of prosecutrix. There is further recital in the police report that accused and prosecutrix were familiar with each other for 6/7 months. There is further recital in the police report that on 7.7.2014 accused called the prosecutrix from his mobile phone to Pathankot and thereafter took the prosecutrix to Jammu. There is further recital in the police report that thereafter accused took the prosecutrix to Delhi. There is further recital in the police report that accused and prosecutrix were caught at Delhi. There is further recital in the police report that on 7.7.2014 accused called the prosecutrix from his mobile phone to Pathankot and thereafter took the prosecutrix to Jammu. There is further recital in the police report that thereafter accused took the prosecutrix to Delhi. There is further recital in the police report that accused and prosecutrix were caught at Delhi. There is further recital in the police report that learned Additional Chief Judicial Magistrate refused to record the statement of prosecutrix under Section 164 Cr.P.C. and there is further recital in the police report that thereafter birth certificate of the prosecutrix was obtained from Panchayat and Primary School. There is further recital in the police report that challan already stood filed in the competent Court of law on 27.9.2014 and there is further recital in the police report that accused is lodged in Sub Jail, Solan. There is further recital in the police report that if accused is released on bail then he would again took prosecutrix. Prayer for rejection of bail application sought. 4. Court heard learned Advocate appearing on behalf of the applicant and learned Additional Advocate General appearing on behalf of the State and also perused the record carefully. 5. Following points arise for determination in this bail application:- Point No. 1 Whether bail application filed under Section 439 Cr.P.C. is liable to be accepted as mentioned in memorandum of grounds of bail application? Point No. 2 Final Order. Findings on Point No.1 6. Submission of learned Advocate appearing on behalf of the applicant that applicant is innocent and did not commit any criminal offence cannot be decided at this stage. Same fact will be decided when case shall be disposed of on merits by learned trial Court after giving due opportunities to both the parties to lead evidence in support of their case. 7. Another submission of learned Advocate appearing on behalf of the applicant that no recovery is to be effected from the applicant and investigation is complete and challan already stood filed in the competent Court of law and on this ground bail application filed under Section 439 Cr.P.C. be allowed is accepted for the reasons hereinafter mentioned. At the time of granting bail following factors are considered. At the time of granting bail following factors are considered. (i) Nature and seriousness of offence (ii) The character of the evidence (iii) Circumstances which are peculiar to the accused (iv) Possibility of the presence of the accused at the trial or investigation (v) Reasonable apprehension of witnesses being tampered with (vi) The larger interests of the public or the State. See AIR 1978 SC 179 titled Gurcharan Singh and others Vs. State (Delhi Administration). Also see AIR 1962 SC 253 titled The State Vs. Captain Jagjit Singh. It was held in case reported in 2012 Criminal Law Journal page 702 Apex Court, titled Sanjay Chandra vs. Central Bureau of Investigation that object of bail is to secure the appearance of the accused person at his trial. It was held that grant of bail is the rule and committal to jail is exceptional. It was held that refusal of bail is a restriction on personal liberty of individual guaranteed under Article 21 of the Constitution. It was further held that accused should not be kept in jail for an indefinite period. In view of the fact that investigation is already completed in the present case and in view of the fact that challan already stood filed in the criminal Court and in view of the fact that Medical Officer has opined that no sexual intercourse was committed upon the prosecutrix and in view of the fact that accused is presumed to be innocent till convicted by competent Court of law and in view of the fact that trial in present case will be concluded in due course of time it is expedient in the ends of justice to release the applicant on bail. Court is of the opinion that if the applicant is released on bail at this stage then interest of State and general public will not be adversely affected. 8. Submission of learned Additional Advocate General appearing on behalf of non-applicant that if the applicant is released on bail at this stage then applicant will induce and threat the prosecution witnesses and will also commit the similar offence and on this ground bail application be rejected is devoid of any force for the reasons hereinafter mentioned. Conditional bail will be granted to applicant. Conditional bail will be granted to applicant. Court is of the opinion that if the applicant will flout the terms and conditions of conditional bail order then prosecution will be at liberty to file application for cancellation of bail order in accordance with law. In view of the above stated facts point No.1 is answered in affirmative. Point No. 2 Final Order 9. In view of my findings on point No.1 bail application filed by applicant under Section 439 Cr.P.C. is allowed and applicant is ordered to be released on bail subject to furnishing personal bond to the tune of Rs. 1 lac with two sureties in the like amount to the satisfaction of learned trial Court on following terms and conditions. (i) That the applicant will join the proceedings of learned trial Court regularly till conclusion of trial in accordance with law and will also join the investigation whenever and wherever directed to do so. (ii) That applicant will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. (iii) That the applicant will not leave India without the prior permission of the Court. (iv) That applicant will not commit similar offence qua which he is accused. (v) That applicant will give his residential address in written manner to the Investigating Officer and Court. (vi) That applicant will not meet or take away prosecutrix during the trial of the case in any manner. Applicant will be released only if he is not required in any other criminal case. Bail application filed under Section 439 Cr.P.C. disposed of. My observations made in this order will not affect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973. All pending application(s) if any also disposed of.