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2018 DIGILAW 662 (HP)

Ramesh Chand v. State Of Himachal Pradesh

2018-04-17

CHANDER BHUSAN BAROWALIA

body2018
JUDGMENT Chander Bhusan Barowalia, J —The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure seeking his release, in case FIR No. 91 of 2017, dated 12.11.2017, under Sections 376, 506 of the Indian Penal Code and Section 4 of POCSO Act, registered at Police Station Rajgarh, District Sirmaur, 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 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, the prosecutrix, who was around 17 years of age, was taken away by the petitioner on his motorcycle, when she went to meet, after receiving the call of petitioner above his house near the field. The petitioner took her on his motorcycle and left her in the morning at the same place, then the prosecutrix disclosed the fact that the petitioner has taken away forcibly and committed sexual intercourse with her, which gave rise the present FIR. 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 not at all involved in the present case, as the medical as well as FSL reports shows that no intercourse has taken place. He has argued that no fruitful purpose will be served by keeping him behind the bars for an unlimited period. He has further argued that the petitioner is 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. 6. On the other hand, the learned Additional Advocate General has argued that taking into consideration the way the offence was committed and the seriousness of the offence, the bail application of the petitioner may be dismissed. 7. At this moment, taking into consideration the medical as well as FSL reports, the vaginal smear slides, urethral swab of the prosecutrix, no semen or blood was detected. 7. At this moment, taking into consideration the medical as well as FSL reports, the vaginal smear slides, urethral swab of the prosecutrix, no semen or blood was detected. At this stage, without discussing the material, which has come on record in detail, this Court finds that the petitioner cannot be kept behind the bars for an unlimited period. Therefore, the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the present petition is allowed and it is ordered that the petitioner, who has been arrested by the police of Police Station, Rajgarh, District Sirmaur, H.P., in connection with FIR No.91 of 2017, dated 12.11.2017, under Sections 376 and 506 of the Indian Penal Code and Section 4 of POCSO Act, registered at Police Station Rajgarh, District Sirmaur, H.P., be released on bail forthwith in this case, subject to his furnishing personal bond in the sum of ''25, 000/- (rupees twenty five thousand) with one surety in the like amount to the satisfaction of learned Trial Court. 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. (iv) In case, the petitioner tried to tamper with the prosecution evidence, in any manner, the present bail will be cancelled at the instance of the prosecution. 8. In view of the above, the petition is disposed of. Copy dasti.