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2022 DIGILAW 503 (HP)

Suraj Kumar Sharma Son Of Shri Ramesh Chand Sharma v. State Of Himachal Pradesh

2022-09-01

CHANDER BHUSAN BAROWALIA

body2022
ORDER : 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.06 of 2021, dated 07.01.2021, under Sections 363, 342, 376, 506, 201 of the Indian Penal Code and Section 4 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Kot Kehloor, District Bilaspur, 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, Smt. Sheela Devi mother of the prosecutrix made a written complaint to the police alleging therein that on 23.12.2020 around 8:30 p.m, prosecutrix had gone to buy some articles from a shop and on the way, she met the petitioner (accused) who was neighbourer of the grandmother of the prosecutrix. Thereafter, the petitioner enticed her and took her on the motorcycle towards Nangal side. She had asked the petitioner to take her to the house of her grandmother, but the petitioner told that that he forgot the path and inadvertently, he had reached Barsar. Thereafter, the petitioner took the prosecutrix to one hotel and gave her tea to drink. After drinking tea, the prosecutrix felt unconsciousness. As per the prosecutrix, the petitioner had mixed some intoxicated substance in her tea. The petitioner closed a door and committed sexual intercourse with her. In the morning, when the prosecutrix tried to raise alram, the petitioner threatened her that he had obscene video film of the prosecutrix and he would make the video viral. Thereafter, the petitioner called his father, Ramesh Chand, mother Kaushalaya Devi and two other persons. They also threatened the prosecutrix, if she would reveal the aforesaid occurrence to any body, then they would kill her. On 24.12.2020, all of them brought her to the house of the petitioner, where she was confined in a room and gave beatings. Thereafter, the petitioner called his father, Ramesh Chand, mother Kaushalaya Devi and two other persons. They also threatened the prosecutrix, if she would reveal the aforesaid occurrence to any body, then they would kill her. On 24.12.2020, all of them brought her to the house of the petitioner, where she was confined in a room and gave beatings. The petitioner obtained signatures of the prosecutrix on a blank paper and written that she had come with him on her own and out of her free will. On the allegations of the victim/prosecutrix, FIR No.06 of 2021, dated 07.01.2021, under Sections 363, 342, 376, 506, 201 of the Indian Penal Code and Section 4 of the Protection from Children from Sexual Offence Act, 2012, Police Station Kot Kehloor, District Bilaspur, was registered against the petitioner. Lastly, it is prayed that the instant bail application may be dismissed, as the petitioner has committed a serious offence and in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the instant bail petition may be dismissed. 4. I have heard the learned counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the police report, carefully. 5. Learned counsel for the petitioner has 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 argued that no fruitful purpose will be served by keeping him behind the bars for an unlimited period, so the petitioner may be enlarged on bail by allowing the instant bail petition. 6. On the other hand, learned Additional Advocate General has argued that the petitioner has committed a serious crime and in case, at this stage, 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. 7. In rebuttal, the learned counsel for the petitioner has argued that the petitioner is permanent resident of the place, neither in a position to flee from justice nor in a position to tamper with the prosecution evidence. 7. In rebuttal, the learned counsel for the petitioner has argued that the petitioner is permanent resident of the place, neither in a position to flee from justice nor in a position to tamper with the prosecution evidence. Investigation is complete and even challan stands presented in the learned trial Court, so the custody of the petitioner is not at all required by the police for any purpose. It has been argued that the petitioner cannot be kept behind the bars for an unlimited period, so the petitioner may be enlarged on bail by allowing the instant petition. 8. At this stage, taking into consideration the age of the petitioner, the manner in which the offence is alleged to have been committed, the fact that the petitioner is permanent resident of the place, neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, the investigation is complete, even challan stands presented in the learned trial Court, so the custody of the petitioner is not at all required by the police for any purpose, also considering the facts that the petitioner cannot be kept behind the bars for an unlimited period, the petitioner is ready and willing to abide by the terms and conditions of the bail, in case he is enlarged on bail and also considering the overall facts, which have come on record and without elaborately discussing the same at this stage, 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 instant petition is allowed and it is ordered that the petitioner, in case FIR No.06 of 2021, dated 07.01.2021, under Sections 363, 342, 376, 506, 201 of the Indian Penal Code and Section 4 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Kot Kehloor, District Bilaspur, be forthwith released on bail on his furnishing personal bond to the tune of Rs.50,000/- (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the 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. 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. 9. In view of the above, the petition is disposed of. 10. Needless to say that the observations made hereinabove are only confined for adjudication of the present case and the same shall have no bearing on the merits of the main case, which shall be adjudicated on its own. Copy dasti.