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2018 DIGILAW 1363 (HP)

Sushil Kumar v. State Of Himachal Pradesh

2018-07-23

CHANDER BHUSAN BAROWALIA

body2018
JUDGMENT Chander Bhusan Barowalia, J. - The present bail application has been moved by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 54 of 2014, dated 09.03.2014, under Sections 363, 366, 376 IPC and Section 4 of POCSO Act, registered in Police Station, Sadar, District Solan, H.P. 2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail. 3. Police report stands filed. As per the prosecution story, one Amar Singh (complaint) made a complaint to the police whereupon a case was registered against the petitioner. The complainant has alleged that on 08.03.2014, at about 09:30 p.m., daughter of his brother, prosecutrix (name withheld), who was aged about 16 years and studying in 10th class, after taking dinner went to her bedroom, but thereafter she went missing. Despite best efforts, the prosecutrix could not be traced. The complainant party came to know that the prosecutrix was kidnapped/abducted by some unknown person. Upon the complaint, so made by the complainant, a case was registered and the investigation ensued. During the course of investigation, the petitioner was arrested on 21.03.2014. Police found the involvement of the petitioner in the commission of the alleged offence, hence challan was filed against the petitioner in the learned Trial Court. As per the prosecution, now the case is being listed for final arguments. Lastly, the prosecution has prayed that the bail application may be dismissed. 4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the police report, carefully. 5. The learned Counsel for the petitioner has argued that the petitioner is behind the bars for the last more than four years. The petitioner is innocent and he is not in a position to flee from justice. It is further argued that now the case is being listed for the last six months before the learned Trial Court for final arguments and no prejudice will be caused to the respondent/State, in case he is released on bail. The petitioner is innocent and he is not in a position to flee from justice. It is further argued that now the case is being listed for the last six months before the learned Trial Court for final arguments and no prejudice will be caused to the respondent/State, in case he is released on bail. Conversely, the learned Additional Advocate General has argued that in case the petitioner is released on bail, he may flee from justice. The petitioner has committed a serious offence, thus the bail application of the petitioner may be dismissed. 6. At this moment, after considering the overall facts of the case, as has come on record, and also considering the fact that the petitioner is behind the bars for the last more than four years, he is resident of the place and not in a position to flee from justice, so this Court finds that it would not be apt to keep the petitioner behind the bars for an unlimited period, as the evidence in the case in hand stands recorded by the learned Trial Court and now the case is listed for final arguments. Thus, the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Therefore, it is ordered that the petitioner be released forthwith on bail, on his furnishing personal bond to the tune of Rs. 50,000/- (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court, in case FIR No. 54 of 2014, dated 09.03.2014, under Sections 363, 366, 376 IPC and Section 4 of POCSO Act, registered in Police Station, Sadar, District Solan, H.P. The bail is granted subject to the following conditions: (i) That the petitioner will appear before the learned Trial Court as and when required. (ii) That the petitioner will not leave India without prior permission of the Court. (iii) That the petitioner will 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/her from disclosing such facts to the Investigating Officer or Court. 7. In view of the above, the petition is disposed of. Copy dasti.