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Himachal Pradesh High Court · body

2015 DIGILAW 79 (HP)

Mast Ram v. State of H. P.

2015-01-28

DHARAM CHAND CHAUDHARY

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JUDGMENT Dharam Chand Chaudhary, J. (Oral) Learned Additional Advocate General has placed on record the police report and the IO ASI Sahib Singh of Police Station, Balh, District Mandi has produced the record. 2. Heard. 3. Perusal of the record reveals that the accused petitioner is related to the complainant Smt. Banti Devi being her nephew in relation. The allegations are that on 31st August, 2014, he ravished the prosecutrix (name withheld), a minor sexually. The prosecutrix is none else but brother’s daughter of the complainant, hence her niece, but she is stated to be adopted as daughter by her. Learned counsel submits that during his life time, the husband of the complainant Shri Shrwan Kumar had adopted the accused-petitioner as their son. He, however, left their company after some time. After the death of Shrwan Kumar aforesaid and adoption of the prosecutrix by the complainant, she allegedly heard something about execution of will by her deceased husband qua his property in favour of the accused-petitioner and according to learned counsel it is for this reason he has been implicated falsely in this case. 4. The accused-petitioner has been arrested in this case on 5.9.2014 and is still in judicial custody. He was the student of B.Tech 5th semester and studying in Dreamz Polytechnic, Sundernagar before his arrest in the present case. The application for grant of bail he filed previously has been dismissed by learned Sessions Judge vide order Annexure P-4. An application registered as Cr.M.P(M) No. 1328 of 2014 in this Court was, however, withdrawn vide order Annexure P-5. 5. Learned counsel has drawn the attention of this Court to the affidavit Annexure P-1 now sworn in on 24.11.2014 by the complainant and also the medical report as well as other material relevant at this stage when the present application for grant of bail is under consideration. 6. Without lamenting much on the merits of the case suffice would it to say that prima-facie the occurrence in the manner as claimed by the investigating agency has not taken place for the reason that there is contradiction between the contents of the FIR and the statement of the prosecutrix recorded by the Investigating Officer. 6. Without lamenting much on the merits of the case suffice would it to say that prima-facie the occurrence in the manner as claimed by the investigating agency has not taken place for the reason that there is contradiction between the contents of the FIR and the statement of the prosecutrix recorded by the Investigating Officer. The medical evidence is also not categoric and specific nor persuasive in nature so as to form an opinion that the prosecutrix was subjected to sexual intercourse by the accused-petitioner or he attempted to assault her sexually. 7. True it is that two pin head size superficial lacerations were found available on her private part, which according to the Medical Officer can either be caused by attempted penetration or can be self-sustained injuries also. The affidavit Annexure P-1 of the complainant reveals that nothing of the sort as complained to the police has taken place and that and the FIR was registered by her against the accused-petitioner at the behest of someone else. 8. Otherwise also, the charge against the accused stands framed and the trial is stated to be at the stage of recording evidence. Nothing has been brought to the notice of this Court suggesting that if admitted on bail, the accused-petitioner will hamper the proceedings in the trial or tamper with the prosecution evidence. Above all, in the event of he is found to have indulged in any activity of this nature, the investigating agency may approach this Court for cancellation of bail granted to him. 9. The above stated are certain circumstances which persuades this Court to form an opinion that the accused-petitioner a young boy languishing in jail for the last more than four months and a student studying in Engineering College should be admitted on bail because his further detention in jail with hardened criminals is likely to adversely affect his future career. 10. This application is, therefore, allowed. Consequently, the accused-petitioner who has been arrested in connection with FIR No. 270/14 registered against him in Police Station, Balh, District Mandi is ordered to be released on bail subject to his furnishing personal bond in the sum of Rs.50,000/-(rupees fifty thousand) with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate/any Judicial Magistrate, Mandi. Consequently, the accused-petitioner who has been arrested in connection with FIR No. 270/14 registered against him in Police Station, Balh, District Mandi is ordered to be released on bail subject to his furnishing personal bond in the sum of Rs.50,000/-(rupees fifty thousand) with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate/any Judicial Magistrate, Mandi. The accused-petitioner shall further abide by the following conditions: that he shall:- (a) regularly attend the trial Court on each and every hearing if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; (b) not temper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. (c) not 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 Police Officer. (d) not leave the territory of India without the prior permission of the Court. 11. It is clarified that if the petitioner misuses his liberty or violate any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail. 12. Any 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 petition stands disposed of.