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2025 DIGILAW 1068 (HP)

Ravi Kumar v. State of Himachal Pradesh

2025-05-20

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. 1. Applicant-Ravi Kumar has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to release him on bail, during the pendency of the trial, in case FIR No.10 of 2024, dated 08.03.2024, registered under Sections 452, 376 and 506 of the IndianPenal Code, 1860 (hereinafter referred to as the ‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the ‘POCSO Act’), with Police Station Pachhad, District Sirmaur, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in the present case. 3. As per the applicant, investigation, in the present case, is complete and police has filed the charge-sheet, against him, in the competent Court of law. 4. According to the applicant, he had earlier tried his luck by moving similar bail applications, bearing CrMPs(M) No.1938 of 2024 and 51 of 2025, before this Court. However, the said applications were dismissed as withdrawn, vide orders dated 06.11.2024 and 09.01.2025, respectively. 5. The applicant has also highlighted the fact that the child victim, as well as, her parents, when appeared, before the learned trial Court, have not supported the case of the prosecution and all of them have turned hostile. 6. Apart from this, Mr. K.S. Gill, learned counsel, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial. 7. On the basis of the above facts, a prayer has been made to allow the application. 8. When, put to notice, the police has filed the status report disclosing therein, that on 08.03.2024, the child victim, along with her parents, appeared before the police and moved the complaint, mentioning therein, that she is resident of the address, as mentioned in the complaint. On 08.03.2024, at about 01:00 in the noon, when, she was all alone at home, Ravi Kumar, S/o Prem Singh (applicant) came inside the room, locked the door and committed rape upon her and also threatened her to kill, in case, she discloses this fact to anyone. 8.1. On the basis of above facts, police registered the FIR in question and criminal machinery swung into motion. 8.2. 8.1. On the basis of above facts, police registered the FIR in question and criminal machinery swung into motion. 8.2. Thereafter, the child victim was taken to Civil Hospital, Sarahan for her medico legal examination, but, no female doctor was available there. As such, she was taken to Dr. Y.S. Parmar Medical College, Nahan, District Sirmaur, where, her medico legal examination was conducted and the physical evidence, so collected by the doctor, was taken into possession. Statement of the child victim, under Section 161 of CrPC, was recorded. 8.3. On 09.03.2024, accused was searched for and thereafter, he was associated in the investigation and was arrested. He was also medico legally examined at Civil Hospital, Sarahan and the physical evidence, so collected by the doctor, was also taken into possession. 8.4. Thereafter, the spot was visited in the presence of the child victim and the physical evidence, from the room, where, the child victim was ravished by the applicant, was taken into possession. 8.5. On 11.03.2025, the child victim was produced, before the Court of learned JMFC, Rajgarh, where, her statement, under Section 164 of CrPC, was got recorded. 8.6. As per the documents, so collected, with regard to the date of birth of the child victim, her date of birth was found to be 24.05.2007. 8.7. After completion of the investigation, charge- sheet has been filed in the competent Court of law i.e.learned Special Judge, Fast Track Court, Sirmaur at Nahan, on 30.04.2024. 8.8. After receiving the DNA report, the supplementary challan was prepared and presented in the learned trial Court on 22.10.2024. The case is now stated to be listed on 13.06.2025 for prosecution evidence. 8.9. In view of the above, it has been pleaded that the applicant has committed a heinous offence and due to the said act, there is lot of resentment in the general public and in case, he is released on bail, his life could be in danger. 9. On the basis of above facts, a prayer has been made to dismiss the application. 10. In this case, notice was also issued to the child victim, who appeared through her counsel. However, learned counsel, appearing for the child victim, under instructions, has stated that respondent No.2/child victim does not intend to file any objections to the bail application. 11. On the basis of above facts, a prayer has been made to dismiss the application. 10. In this case, notice was also issued to the child victim, who appeared through her counsel. However, learned counsel, appearing for the child victim, under instructions, has stated that respondent No.2/child victim does not intend to file any objections to the bail application. 11. First of all, so far as the fact that the child victim, as well as, her parents, when appeared before the learned trial Court, have not supported the case of the prosecution and have turned hostile, is concerned, the evidence of the hostile witness does not efface from the record and it is the sole prerogative of the learned trial Court to consider the evidence and the powers of the learned trial Court to consider the evidence, so adduced, cannot be usurped by this Court, while deciding the question of bail. 12. The applicant is in judicial custody from the date of his arrest. In the present case, the material witnesses have already been examined and no useful purpose would be served by keeping the applicant in the judicial custody. 13. The applicant is a young man of about 23 years, and in case, he is kept in judicial custody, during the pendency of the trial, which will take sufficient time for its completion, then, certainly, his future would be adversely affected in the company of hardened criminals. 14. Expect the present case, no other criminal history of the applicant has been mentioned in the status report, nor the same has been argued by learned Additional Advocate General, during the course of arguments. As such, presumption of innocence is still available to the applicant. 15. Even otherwise, the bail application cannot be rejected merely as a matter of punishment, as, pre-trial punishment is prohibited under the law, as the punishment can only be inflicted, after the conclusion of trial. 16. Considering all these facts, this Court is of the view that the present bail application is liable to be allowed and is accordingly allowed. 17. Consequently, the applicant is ordered to be released on bail in case FIR No.10 of 2024, dated 08.03.2024, registered under Sections 452, 376 and 506 of the IPC, and Section 4 of the POCSO Act, with Police Station Pachhad, District Sirmaur, H.P., on his furnishing personal bonds, in the sum of Rs. 17. Consequently, the applicant is ordered to be released on bail in case FIR No.10 of 2024, dated 08.03.2024, registered under Sections 452, 376 and 506 of the IPC, and Section 4 of the POCSO Act, with Police Station Pachhad, District Sirmaur, H.P., on his furnishing personal bonds, in the sum of Rs. 50,000/- with one surety of the like amount, to the satisfaction of the learned trial Court. 18. This order, however, shall be subject to the following conditions: a) The applicant shall appear before the IO, as and when, directed by the IO to do so and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing the appropriate application; b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and d) The applicant shall not leave the territory of India without the prior permission of the Court. 19. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application. 20. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant. 21. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Model Central Jail, Nahan, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 22. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Model Central Jail, Nahan, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Sirmaur at Nahan. 22. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Model Central Jail, Nahan, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Sirmaur at Nahan. The Superintendent of Jail, Model Central Jail, Nahan, Himachal Pradesh, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.