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Himachal Pradesh High Court · body

2020 DIGILAW 107 (HP)

Hari Ram v. State Of Himachal Pradesh

2020-01-09

CHANDER BHUSAN BAROWALIA

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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. 08 of 2019, dated 22.11.2019, under Sections 9, 10 and 11 of Prohibition of Child Marriage, Act, 2006, Section 4 of POCSO Act, 2012 and Section 376 IPC, registered at Police Station Bagga, District Solan, 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 permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail. 3. Police report stands filed. As per the prosecution story, on 19.01.2019 police were informed, through a communication from Medical Officer, PHC, Navgaon, qua the prosecutrix (name withheld), who is 15 years old and pregnant. The statement of the prosecutrix was recorded under Section 154 Cr.P.C., wherein she stated that she studied upto 8th standard and her date of birth is 26.03.2006. Her parents engaged her with the petitioner and on 09/10.03.2019, with the consent of both the families, she was married with the petitioner according to Hindu rites and customs. Thereafter, both of them started having physical relations. Upon the statement of the prosecutrix, police got her medically examined and she was sent to Child Welfare Committee, Solan. Police registered a case and the investigation ensued. Police prepared the spot map, made relevant seizures and recorded the statements of the witnesses. The petitioner was arrested and medically examined. Statement of the prosecutrix was got recorded under Section 164 Cr.P.C. During the course of investigation, police procured the records qua the date of birth of the prosecutrix and as per the records, she was found to be born on 26.03.2006. As per the police, challan in the case shall be presented in the learned Trial Court soon. Lastly, it is prayed that in case the petitioner, at this stage, is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. Petitioner was found involved in a serious crime, so the bail application of the petitioner may be dismissed. 4. Lastly, it is prayed that in case the petitioner, at this stage, is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. Petitioner was found involved in a serious crime, so the bail application of the petitioner 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 has been falsely implicated in the present case. He has further argued that the petitioner is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has further argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, especially when investigation is complete and challan is likely to be presented in the learned Trial Court soon. Conversely, the learned Additional Advocate General has argued that the petitioner has committed a serious crime and in case he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail application of the petitioner may be dismissed. 6. In rebuttal, the learned Counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period, especially when investigation is complete and challan stands presented in the learned Trial Court, so the bail application of the petitioner be allowed. 7. 6. In rebuttal, the learned Counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period, especially when investigation is complete and challan stands presented in the learned Trial Court, so the bail application of the petitioner be allowed. 7. At this stage, considering the age of the petitioner, who is only 28 years of age, the manner in which the offence is alleged to have been committed by the petitioner, the fact that the petitioner is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, custody of the petitioner is not at all required by the police, as investigation is complete and challan is likely to be presented in the learned Trial Court soon, also considering the overall material, which has come on record, and without discussing the same at this stage, the fact that the petitioner is ready and willing to abide by the terms and conditions of bail, in case so granted, and also the fact that the petitioner cannot be kept behind the bars for an unlimited period, so this Court finds that 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 petition is allowed and it is ordered that the petitioner, who has been arrested by the police in case FIR No. 08 of 2019, dated 22.11.2019, under Sections 9, 10 and 11 of Prohibition of Child Marriage, Act, 2006, Section 4 of POCSO Act, 2012 and Section 376 IPC, registered at Police Station Bagga, District Solan, H.P., shall be released on bail forthwith in this case, subject to his furnishing personal bond in the sum of Rs. 25,000/- (rupees twenty five thousand) with one surety in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions: (i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required. (ii) That the petitioner will not leave India without prior permission of the Court. 25,000/- (rupees twenty five thousand) with one surety in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions: (i) That the petitioner will appear before the learned Trial Court/Police/authorities 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. 8. In view of the above, the petition is disposed of. Copy dasti.