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2022 DIGILAW 738 (HP)

Karanjeet Singh v. State of Himachal Pradesh

2022-11-23

SATYEN VAIDYA

body2022
JUDGMENT : Satyen Vaidya, J. The petitioner is an accused in case FIR No. 25 of 2022, dated 07.03.2022 under Sections 363, 376, 504, 506 IPC, Section 4 of the Protection of Children from Sexual Offences Act and Section 67-B of I.T. Act, registered at Police Station, Shillai, District Sirmaur, H.P. Petitioner is in custody since 16.03.2022. 2. The above noted case was registered on the written complaint of victim presented by her to the police on 07.03.2022 alleging therein that the petitioner was her facebook friend and they had been on talking terms with each other for the last about one year. The petitioner had visited Shillai and had taken the victim to Dehradun on motorcycle by making her to drink something, whereafter he indulged in indecent activities and kept making physical relations with her under promise to marry. Keeping in view her age, she was sent back by the family members of petitioner to her home. On her return, petitioner started threatening her and misusing her photographs. He even made her photographs available to others through a fake facebook ID of her father. She further alleged that the petitioner had been threatening her that in case she did not marry him he would kill some of her family member. The victim disclosed her age as 15 years. 3. The status report filed on behalf of the respondent reveals that the investigation is complete and challan has been presented on 04.05.2022. 4. The challan has been presented with the same allegations as levelled by victim in her complaint. Nothing has been suggested in the status report about past criminal record, if any, of petitioner. The date of birth of victim is stated to be 25.06.2008 and the petitioner is stated to be about 21 years of age. 5. On the other hand, petitioner has pleaded his innocence and false implication. It is contended on behalf of the petitioner that the victim and her family members have concocted a false story to coerce the petitioner to marry the victim. On 09.11.2021, the victim of her own came to Herbertpur near Dehradun and compelled the petitioner to either take her to his home or she would commit suicide. Petitioner took the victim to his home and produced her before his mother. The victim was immediately handed over to police. On 09.11.2021, the victim of her own came to Herbertpur near Dehradun and compelled the petitioner to either take her to his home or she would commit suicide. Petitioner took the victim to his home and produced her before his mother. The victim was immediately handed over to police. Her parents were informed by the police, but they showed their inability to reach Dehradun on the same day. During night, the victim was housed in a Nari Niketan and on next day she was handed over to her father. In support of such contention, petitioner has placed on record the copies of daily diary reports maintained at Police Station, Dalanwala, Dehradun. Petitioner further alleged that the victim has been time and again contacting him and forcing him to marry her. As per the petitioner he has not committed any wrong much less the offences alleged against him. 6. I have heard learned counsel for the parties and have also gone through the records of the case carefully. 7. The version putforth by petitioner regarding the victim having visited Dehradun on 09.11.2021 is prima-facie found to have substance. The sequence of events have been recorded in daily diary maintained at Police Station, Dalanwala, Dehradun. In her complaint dated 07.03.2022, the victim has alleged that she was taken by petitioner from Shillai to Dehradun on motorcycle and at that time the petitioner had committed sexual assault on her. Noticeably, no date of such incident has been mentioned. No mention has been made regarding the incident of 09.11.2021. The allegations regarding the preparation of fake ID of victim’s father and making her picture viral have not been established to be the handwork of petitioner. The aforesaid observations have been made only for prima-facie assessment of seriousness and gravity of offences alleged against petitioner. 8. The conduct of victim suggests that her version has to be taken with a pinch of salt. The case includes counter-versions which are subject to proof during trial. 9. Pre-trial incarceration cannot be ordered as a matter of rule. Petitioner is already in custody since 16.03.2022. Since the challan has been presented, no fruitful purpose shall be served by prolonging the custody of petitioner till conclusion of trial, which is likely to take some time. 10. Petitioner is about 21 years of age. 9. Pre-trial incarceration cannot be ordered as a matter of rule. Petitioner is already in custody since 16.03.2022. Since the challan has been presented, no fruitful purpose shall be served by prolonging the custody of petitioner till conclusion of trial, which is likely to take some time. 10. Petitioner is about 21 years of age. His prolonged incarceration before trial is likely to affect his life as a whole and career prospects in particular. No apprehension has been expressed by the respondent regarding the possibility of petitioner fleeing from the course of justice. It is also not the case of respondent that in case of grant of bail to petitioner, the trial shall be effected adversely. There is no previous criminal history attached to the petitioner. 11. The concern regarding the completion of fair and expeditious trial can be taken care of by putting the petitioner to appropriate terms. 12. In view of peculiar facts and circumstances of the case, petition is allowed and the petitioner is ordered to be released on bail in case FIR No. 25 of 2022, dated 07.03.2022 under Sections 363, 376, 504, 506 IPC, Section 4 of the Protection of Children from Sexual Offences Act and Section 67-B of I.T. Act, registered at Police Station, Shillai, District Sirmaur, H.P., on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court. This order, however, shall be subject to following conditions:- (i) That the petitioner shall make himself available during the entire trial of the case. (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 the Court or to the Police. (iii) That the petitioner shall not leave India without the prior permission of the Court. 13. Any observation made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.