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2019 DIGILAW 489 (HP)

Aslam Alias Aashu v. State of Himachal Pradesh

2019-04-29

AJAY MOHAN GOEL

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JUDGMENT : AJAY MOHAN GOEL, J. 1. By way of this petition, petitioner has prayed for grant of regular bail in FIR No. 10 of 2019 dated 15.2.2019 registered at Police Station, Woman Baddi under Sections 363, 366, 120-B & 506 of IPC and Section 17 of the POCSO Act. 2. The allegation against the petitioner is that the prosecutrix, who was a minor, was taken away from the lawful custody of her father on 14.2.2019 allegedly by one Khalil son of Kohli, which resulted in lodging of said FIR at the behest of the father of minor girl on 15.2.2019. Primarily the allegation against the petitioner is that he assisted the principal accused in enticing the girl from the lawful custody of her parents and that after the minor girl was unlawfully taken away from the custody of her father by the main accused, petitioner helped the main accused as also the prosecutrix to reside in a room which allegedly was arranged by him. Petitioner is stated to be in custody since 18.2.2019. Status report was filed on the previous date of hearing, perusal of which demonstrates that investigation in the FIR is complete and thereafter challan has also been filed before the appropriate Court. 3. Learned counsel for the petitioner has argued that a false case has been registered against the petitioner, as he is not guilty of the offences alleged against him and even otherwise as the investigation in the matter is complete and the challan also stands filed, no fruitful purpose will be solved by keeping the petitioner in custody especially as the petitioner is a local resident of village Bhangla, his entire family is settled there and thus there is no chance of his evading the trial or jumping over the conditions imposed upon him in case this Court releases him on bail. 4. On the other hand, learned Additional Advocate General has argued that taking into consideration the gravity of the offences alleged against the petitioner and that he is local resident, there is a possibility that in case he is released on bail, he may try to win over the witnesses and influence the course of trial. 5. 4. On the other hand, learned Additional Advocate General has argued that taking into consideration the gravity of the offences alleged against the petitioner and that he is local resident, there is a possibility that in case he is released on bail, he may try to win over the witnesses and influence the course of trial. 5. Having heard learned counsel for the parties and having perused the status report, I am of the considered view that in view of the allegations levelled against the petitioner, no purpose will be solved in keeping him in custody as once the challan stands filed by the police in the Court, now the law will take its own course. Besides this, the apprehension of the State can be taken care of by imposing conditions upon the petitioner including conferring liberty to the State that in case petitioner tries to overreach any of the conditions being imposed by this Court by releasing him on bail, then the State shall be at liberty to move an appropriate application before the Court for recalling the order of grant of bail. 6. Accordingly the petition is allowed and the petitioner is ordered to be released on bail in FIR No. 10 of 2019 dated 15.2.2019 registered at Police Station Woman Baddi, District Solan on his furnishing personal bond to the tune of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned Trial Court on the following terms and conditions:- (1) That the petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required. (2) 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. (3) That he shall not obstruct the smooth progress of the investigation/trial. (4) That the petitioner hall not commit the offence similar to offence to which he is accused or suspected. (5) That the petitioner shall not misuse his liberty in any manner. (6) That the petitioner shall not jump over the bail. (3) That he shall not obstruct the smooth progress of the investigation/trial. (4) That the petitioner hall not commit the offence similar to offence to which he is accused or suspected. (5) That the petitioner shall not misuse his liberty in any manner. (6) That the petitioner shall not jump over the bail. (7) That he shall not leave the territory of Himachal Pradesh without prior information. 7. It is clarified that the observations made by this Court in this order are only for the purpose of adjudicating upon the present bail petition and the learned trial Court shall not be influenced by any of these observations while deciding the case on merits, in the course of trial. It shall be open for the prosecution to move this Court for cancellation of the bail in case petitioner abuses the bail which has been granted in his favour.