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2015 DIGILAW 1095 (HP)

Manohar Lal Sharma v. State of Himachal Pradesh

2015-08-13

TARLOK SINGH CHAUHAN

body2015
JUDGMENT : Tarlok Singh Chauhan, J. 1. The petitioner has sought pre-arrest bail in case FIR No. 101/2015, registered at Police Station, Ghumarwin, District Bilaspur, on 08.05.2015, under Sections 294, 504, 506, 354-A, 354-D IPC. The respondents have produced the records of the investigation and have also filed the status report. 2. The allegation of the complainant is that the petitioner had been making obscene calls and had also been threatening to release an obscene video of the complainant and demanding a sum of Rs.4,00,000/- by blackmailing her. 3. This Court granted interim bail to the petitioner on 19.06.2015 and fixed the case for further proceedings on 26.06.2015, on which date the respondents were directed to produce the FSL report and the matter was listed on 23.07.2015. On 23.07.2015, it was represented by learned Additional Advocate General that the report of the FSL is awaited and the matter was accordingly fixed on 13.08.2015. Today, the report of the FSL has been produced and it has been clearly stated therein that the data present in the mobile phone of the petitioner did not contain any obscene photographs nor were there any porn SMS sent to/received from the mobile of the petitioner. This, prima facie, belies the version as set-forth by the complainant on the basis of which FIR has been registered. Therefore, denying bail, at this stage, to the petitioner would be travesty of justice. 4. Since, the petitioner is serving in Indian Army and is a permanent resident of Tehsil Ghumarwin, District Bilaspur, therefore, he is presumed having roots in the society and there is no likelihood of his fleeing from justice. 5. Accordingly, the bail application is allowed and the interim order dated 19.06.2015 is confirmed, however, subject to the following conditions:- (i) that the petitioner shall furnish personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of Learned JMIC, Ghurmarwin, District Bilaspur; (ii) that the petitioner shall 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 from disclosing such facts to the Court or to any police officer; (iii) that the petitioner shall not tamper with the prosecution evidence or threaten the witnesses; (iv) that the petitioner shall make himself available for interrogation by the police officer as and when required. (v) that the petitioner shall not misuse his liberty in any manner. Learned Judicial Magistrate Ist Class, Ghumarwin, District Bilaspur, is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013. 6. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above. Petition stands disposed of.