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Himachal Pradesh High Court · body

2016 DIGILAW 1181 (HP)

Ajay Kumar v. State of H. P.

2016-06-27

DHARAM CHAND CHAUDHARY

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JUDGMENT : Dharam Chand Chaudhary, J. Petitioner is an accused in FIR No.3/16, registered under Sections 376, 506 of the Indian Penal Code and Section 67-A of the I.T. Act. He has been arrested in this case on 5.1.2016 and is presently in judicial custody. 2. The record available at this stage reveals that the prosecutrix (name withheld) had another sister and she was studying in a college at Chakmoh, Tehsil Barsar, District Hamirpur. Accused-petitioner used to meet the prosecutrix and her sister. Since they do not have brother, therefore, they wanted the accused-petitioner to be their Godbrother. As per further allegations, the prosecutrix and her sister used to tie Rakhi on the occasion of Raksha Bandan on the wrist of accused-petitioner. He, therefore, had free access to their house. On one night when he was in their house and the prosecutrix sleeping in her room, he knocked the door of her room and asked for a cell-phone charger from her. She had given charger to the accused-petitioner. He, however, served her with sweets (Barfi). On eating the same, she went unconscious. On re-gaining consciousness, she found some wrong having been committed with her by the accused-petitioner. At that time she was a student of Deen Dayal College, Mehre and pursuing studies of B.Ed. course there. The accused-petitioner made her obscene video and started blackmailing her. He continued in exploiting her sexually at the pretext that if she refused to do so or disclose his relations with her to anyone else he will release her video on social media. He had even been threatened her to do away with her life in case she failed to accede to his demand for sex. 3. The record, prima facie, reveals that the accused-petitioner and the prosecutrix were in relation for the last about three years. The age of the prosecutrix is 26 years, whereas that of the accused-petitioner 21 years. It would not be appropriate to make any other and further observation qua this aspect of the matter at this stage except for that the prosecutrix was not a minor, but major and more aged as well as wise as compared to the accused-petitioner. The investigation in this case is complete. Even challan has also been filed in the Court. The case is presently at the stage of consideration of charge. The accused-petitioner is a local resident of Tehsil Barsar, District Hamirpur. The investigation in this case is complete. Even challan has also been filed in the Court. The case is presently at the stage of consideration of charge. The accused-petitioner is a local resident of Tehsil Barsar, District Hamirpur. Therefore, there is no possibility of his fleeing away from justice and non-availability at the time of his trial in the Court. Otherwise also, suitable conditions can be imposed upon him before admitting him on bail. The petition is, therefore allowed. It is ordered that the accused-petitioner, who has been arrested by the police of Police Station, Barsar, District Hamirpur in connection with FIR No.3/16 is ordered to be released on bail subject to his furnishing bail bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned trial Court. He shall further abide by the following conditions: (a) not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever and terrorize the prosecution witnesses ; (b) keep on visiting Police Station, Barsar once in a month to apprise the Station House Officer about his whereabouts till the evidence of the material prosecution witnesses is recorded; (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; (d) not leave the territory of India without the prior permission of the Court. 4. 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. 5. 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. 6. The petition stands disposed of.