JUDGMENT : Vivek Singh Thakur, J. 1. This petition has been filed seeking regular bail in case FIR No. 74 of 2018 dated 20.12.2018 under Section 376 IPC registered at Police Station Shillai, District Sirmaur H.P. 2. The petitioner has been arrested on 23.12.2018 and after remaining in police custody, he is in judicial custody. 3. I have gone through the status report filed and record produced by the respondent/State and I have also heard learned counsel for the parties. 4. Prosecution case, in brief, is that on 17.12.2018 victim had complained about stomachache to her father (complainant), whereupon she was shifted to the hospital and in the bathroom of hospital, she had delivered a female child. Whereupon, on the basis of information supplied by victim, case was reported to the police by complainant by making statement under Section 154 Cr.P.C. and after registration of FIR, during the investigation the petitioner was found to be involved in violating the person of victim causing pregnancy to her, which ultimately resulted into delivery of female child. 5. In his statement, recorded under Section 154 Cr.P.C, complainant has stated that after delivery of child, doctor had referred her daughter (victim) and her child to PHC Shillai and he and his aunt (Chachi), along with victim and child, had come to Shillai hospital in the Ambulance and her daughter had told him that she had committed a mistake and had named the accused Mohan Lal as father of child. 6. Thereafter, statement of victim was also recorded under Section 164 Cr.P.C, wherein she has stated that she had committed a mistake for which the petitioner had not forced her. 7. The prosecution has also produced a supplementary statement of victim recorded on 9.2.2019, wherein it is recorded that on the day of incident, she was alone at home and when she returned from house of her grandmother after watching TV and had approached her bed after bolting the door from inside, she had found accused Mohan Lal in her bed on his attempt to violate her, she had tried to stop him but she could not save herself from him. It is further stated that she was crying but her cries were not noticed by anyone as there was none at home and accused has violated her forcibly and left her house thereafter. 8.
It is further stated that she was crying but her cries were not noticed by anyone as there was none at home and accused has violated her forcibly and left her house thereafter. 8. There is another statement of victim, signed by her and her father at the bottom, appears to have been recorded on 21.12.2018, wherein it has been stated that accused, who is uncle in relation, used to visit her house oftenly and during month of March, 2018, he had ravished her and asked not to tell anybody as it had happened by mistake and disclosure of it would bring bad name to her and her entire family. 9. The victim at the time of incident was of more than 18 years and age of accused is 23 years. 10. As per DNA report, the victim and accused are biological parents of child, delivered by victim. Moot question involved in the case is that as to whether accused had violated the victim forcibly or not, which is under consideration before the trial Court as the challan has already been presented on 10.2.2019. 11. Without commenting upon the merits of case and keeping in view the facts and circumstances, narrated herein above, I find that it is a fit case for enlarging the petitioner on bail subject to furnishing the personal bond in the sum of Rs. 30,000/- with one surety in the like amount to the satisfaction of trial Court with the further conditions:- (i) That the petitioner shall make himself available before the trial Court on each and every date as and when required; (ii) That the petitioner shall 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 from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (iii) That he shall not obstruct the smooth progress of the trial; (iv) That he shall not jump over the bail and also shall keep on informing in writing, regarding change of address and contact phone number, if any, to P.S. Shillai. (v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is suspected.
(v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is suspected. (vi) That petitioner shall not misuse his liberty in any manner. 12. It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice. 13. In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail in accordance with law. 14. Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG/Misc. Instructions/93-IV. 7139 dated 18.3.2013. Petition stands disposed of. 15. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973.