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2014 DIGILAW 97 (HP)

Anil Kumar v. State of H. P.

2014-01-24

DHARAM CHAND CHAUDHARY

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Judgment Dharam Chand Chaudhary, J. 1. Learned Additional Advocate General has placed on record the status report and Shri Santosh Kumar, SHO Police Station, Brow, District Kullu, has produced the record. 2. The allegations against the accused petitioner in a nut shell are that he kidnapped the prosecutrix (name withheld) on 22.9.2013 intentionally and deliberately to compel her to solemnize marriage with him and subjected her to sexual intercourse. The investigation in this case is complete and challan has also been filed against the accused petitioner. The trial against him presently is at the stage of recording prosecution evidence and listed for the purpose. The prosecutrix being below 18 years of age, no doubt is minor, however, in view of the affidavit of her mother Kaushalya Devi, Annexure P-3, that the FIR under Sections 363, 366 IPC was registered at her instance abruptly and due to misunderstanding and also that in the opinion of Medical Officer, Annexure P-4, who has conducted the medical examination of the prosecutrix immediately after the occurrence no sign of sexual intercourse could be detected viz. further substantiated from the report of Forensic Science Laboratory Annexure P-5, as no semen could be detected either on vaginal slides and also on garments/under garments of the prosecutrix during examination. 3. Nothing, therefore, can be said at this stage that she has been subjected to sexual intercourse or not. The accused-petitioner is a young boy of 18 years. He is in custody since 3.9.2013. Being a young boy, in the given facts and circumstances, his detention with hardened criminals is not at all in his better interest nor for his mental growth. I, therefore, allow this application and order that the accused-petitioner, who has been arrested in connection with FIR No.35/13 and presently confined in judicial custody, shall be released on bail, subject to his furnishing personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Kinnaur at Reckong Peo or any other Judicial Magistrate 1st Class at Rampur. He shall further abide by the following conditions:- (a) He shall 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. He shall further abide by the following conditions:- (a) He shall 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) He shall not tamper with the prosecution evidence nor 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 the Investigating Officer. (c) He shall not leave the territory of India without the prior permission of the Court. 5. 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. 6. The observations hereinabove shall remain confined to the disposal of this petition and have no bearing on the merits of the case. The application stands disposed of. Copy Dasti.