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2018 DIGILAW 517 (HP)

Rajender Kumar v. State Of Himachal Pradesh

2018-04-02

CHANDER BHUSAN BAROWALIA

body2018
JUDGMENT Chander Bhusan Barowalia, J —The present bail application, under Section 438 of the Code of Criminal Procedure, is maintained by the petitioner for grant of anticipatory bail, in case F.I.R. No. 22 of 2018, dated 23.02.2018, under Section 376 of the Indian Penal Code, registered at Police Station Rajgarh, District Sirmour, H.P. 2. As per the petitioner, he is innocent and due to some misunderstanding the prosecutrix made a complaint against him. Further he is joining and cooperating with the investigation and not in a position to flee from justice. 3. Police report stands filed. As per the prosecution case on 23.02.2018, the prosecutrix made a complaint against the petitioner that on the pretext of marriage with her, he physically and mentally harassed her and, therefore, F.I.R. No. 22 of 2018, dated 23.02.2018, under Section 376 of the Indian Penal Code, was registered against the petitioner. 4. Learned counsel for the petitioner states that the petitioner has been in mutual relationship with the prosecutrix for the last one year and due to misunderstanding that the marriage of the petitioner is going to be solemnized with some other girl, the prosecutrix made a complaint against the petitioner. However, now as the petitioner has solemnized the marriage with the prosecutrix, the present bail application may be allowed and he may be released on bail. 5. Heard. Taking into consideration the fact that the petitioner has solemnized the marriage with the prosecutrix, which is evident from their marriage certificate and photographs, annexed with the bail application as Annexures P-4 & P-5. Also taking into consideration the fact that the petitioner is employed in the Indian Army, 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. Therefore, the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. So, it is ordered that in the event of his arrest in this case, the petitioner be released on bail, on his furnishing personal bond to the tune of Rs. 20, 000/- (Rupees twenty thousand) , with one surety in the like amount to the satisfaction of Investigating Officer. So, it is ordered that in the event of his arrest in this case, the petitioner be released on bail, on his furnishing personal bond to the tune of Rs. 20, 000/- (Rupees twenty 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(s) will join investigation of case as and when called for by the Investigating Officer in accordance with law. ii. That the petitioner(s) will not leave India without prior permission of the Court. iii. That the petitioner(s) 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. Copy dasti.