JUDGMENT Dharam Chand Chaudhary, J. Learned Additional Advocate General has placed on record the status report and Investigating Officer, ASI Sohan Singh of Police Station, Sadar, Hamirpur has produced the record. 2. Heard. 3. Petitioner is an accused in a case registered against him under Section 376 of Indian Penal Code vide FIR No.132 of 2014 in Police Station, Sadar, Hamirpur. He apprehends his arrest in the case so registered against him. 4. The complainant is the prosecutrix (victim). She is 35 years of age and residing with her mother alongwith her children, four in number. The record reveals that the accused-petitioner, who is Head Constable in Central Reserve Police Force (CRPF) and is working as Fitter, allegedly developed physical relations with her 5 years ago. During this period, she visited several places like Kullu, Manali, Manikaran and few places in Punjab also and stayed in hotels. During her visits, the accused-petitioner allegedly subjected her to sexual intercourse. He even allegedly borrowed money also. Now after February, 2014 he has stopped coming to her nor available even on his cell phone. On the complaint she made to D.I.G., CRPF, Group Centre, Jalandhar also, no action has been taken against him. 5. The investigation in the case is in progress as recovery of one mangalsutra, mobile phone with blue tooth and cash worth `10,000 and `80,000/-, the accused allegedly taken from the prosecutrix is left to be made. 6. On going through the record and also taking into consideration the submissions made on both sides, it may not be appropriate to make any observation on merits of the case, as in that event prejudice is likely to be caused to the case of either party. However, suffice would it to say that the present prima-facie seems to be not a case of forcible sexual intercourse by the accused-petitioner with the prosecutrix and she rather seems to be a consenting party thereto because she being a married woman having four children visited several places in the company of the accused-petitioner without any protest and raising hue and cry. Had she not been a consenting party, she would have never accompanied the accused-petitioner. The present is also not a case where custodial interrogation of the accused is required. The accused-petitioner otherwise being permanent resident of district Hamirpur and a Government servant can reasonably be believed to have roots in the society.
Had she not been a consenting party, she would have never accompanied the accused-petitioner. The present is also not a case where custodial interrogation of the accused is required. The accused-petitioner otherwise being permanent resident of district Hamirpur and a Government servant can reasonably be believed to have roots in the society. Therefore, there is no possibility of his fleeing away from justice or not available for the purpose of further interrogation. His movements can otherwise be restricted by imposing suitable conditions upon him while admitting him on bail. 7. Therefore, this application is allowed. Consequently, it is ordered that in the event of the arrest of the accused-petitioner in connection with the case registered against them vide FIR No.132 of 2014 in Police Station, Sadar, Hamirpur, he shall be released on bail subject to his furnishing personal bonds 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 abide by further conditions that: He shall; (a) make himself available for the purpose of interrogation as and when required and shall co-operate with the Investigating Officer to conduct the investigation in a manner so as to take it to its logical end; (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; and (d) not leave the territory of India without the prior permission of the Court. 8. It is clarified that if the petitioner misuses the 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. 9. The 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.