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Himachal Pradesh High Court · body

2018 DIGILAW 1375 (HP)

Jagpal Tomar v. State Of Himachal Pradesh

2018-07-24

CHANDER BHUSAN BAROWALIA

body2018
JUDGMENT Chander Bhusan Barowalia, J. (Oral) - The present bail application, under section 438 of the Code of Criminal Procedure, 1973 is maintained by the petitioner, for grant of pre-arrest bail, in case F.I.R. No. 20 of 2018, dated 08.05.2018, under Section 354-A of the Indian Penal Code and Section 4(1) of Protection of Children from Sexual Offences, registered at Police Station Dadahu, District Sirmaur, H.P. 2. As per the petitioner, he is innocent and has been falsely implicated in the present case. Further he is joining and cooperating with the investigation and not in a position to flee from justice. 3. Police report stands filed. The allegations against the petitioner as per the prosecution case are that on 04.05.2018, the petitioner, who is a teacher in the Government Girls Senior Secondary School, Koti-Dhiman, sexually assaulted the daughter of the complainant in the school. Accordingly, F.I.R. No. 20 of 2018, dated 08.05.2018, under Section 354-A of the Indian Penal Code and Section 4(1) of Protection of Children from Sexual Offences, came to be registered against the petitioner. 4. Learned Senior Counsel appearing on behalf of the petitioner has argued that the petitioner is innocent and has been falsely implicated in the present case. He has further argued that as the petitioner is a Government Servant, he is not in a position to flee from justice, as such, he may be released on bail. On the other hand, learned Additional Advocate Generals has argued that taking into consideration the heinous nature of the crime, coupled with the fact that the petitioner is an influential person of the society, the petition be dismissed. 5. Heard. After going through the records in detail, including the statement of the prosecutrix under Section 164 Cr.P.C., 1973 this Court finds the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour, as the petitioner is joining and cooperating in the investigation and neither in a position to flee from justice, nor in a position to tamper with the prosecution evidence. Accordingly, the present bail application is allowed and in the event of petitioner''s arrest in this case, he is ordered to be released on bail, on his furnishing personal bond to the tune of Rs. 25,000/- (Rupees twenty five thousand), with one surety in the like amount to the satisfaction of Investigating Officer. Accordingly, the present bail application is allowed and in the event of petitioner''s arrest in this case, he is ordered to be released on bail, on his furnishing personal bond to the tune of Rs. 25,000/- (Rupees twenty five thousand), with one surety in the like amount to the satisfaction of Investigating Officer. The bail is granted subject to the following conditions: (i) That the petitioner will join investigation of case as and when called for by the Investigating Officer in accordance with law. (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. 6. Accordingly, the petition is disposed of.