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2025 DIGILAW 172 (HP)

Parveen v. State of Himachal Pradesh

2025-01-13

BIPIN CHANDER NEGI

body2025
JUDGMENT : Bipin Chander Negi, J. The present bail petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail. The same arises out of FIR No.27 of 2024, dated 16.09.2024, registered at Women Police Station, District Una, Himachal Pradesh, under Sections 69 and 79 of the Bharatiya Nyaya Sanhita, 2023. 2. Brief facts giving rise to the case at hand are that the victim has stated that she is living at Amb for the past three years. As per the victim, she was married in 2011. The victim had got divorced from her previous husband on 27.08.2022. Out of her previous wedlock, she has a son who is around 11 years old. 3. The allegations of the victim, in the case at hand are that about two and half years ago, she had met with the bail petitioner. The bail petitioner was a regular visitor to the house of the victim. On the pretext of marriage, the bail petitioner had indulged in sexual intercourse with the victim. On two occasions, i.e., 29.03.2024 and 21.05.2024, she had given Rs.2,000/- and Rs.1,000/-, respectively to the bail petitioner from her account. As per the victim, the petitioner had forcefully indulged in sexual intercourse with the victim last on 14.08.2024. As per victim, subsequent thereto, the bail petitioner left for his village. Thereafter, the bail petitioner has been sending her abusive text messages on the mobile phone and has been calling her in highly derogatory terms. 4. Heard learned counsel for the parties, perused the status report and the record so produced. 5. From perusal of the status report, it is evident that the investigation, in the case at hand, is complete. The petitioner was apprehended by the Police and he is in custody since 16.09.2024. Challan stands filed before the Court on 07.04.2025. No recovery has to be instituted from the bail petitioner. Nothing incriminating has been brought forthwith in the medical examination so conducted. 6. There is clear distinction between the rape and a consensual sex. At the stage of granting bail, the Court has taken into consideration the conduct of the parties. Prima facie, it appears that the prosecutrix had a physical relation with the bail petitioner with her own consent. Nothing incriminating has been brought forthwith in the medical examination so conducted. 6. There is clear distinction between the rape and a consensual sex. At the stage of granting bail, the Court has taken into consideration the conduct of the parties. Prima facie, it appears that the prosecutrix had a physical relation with the bail petitioner with her own consent. Since the prosecutrix is an adult lady with sound mind, therefore, there is no question of inducing her into a physical relation. The prosecutrix, in the case at hand, despite being physically assaulted by the bail petitioner since 2 and a half year prior to the filing of the FIR on 16.09.2024 is quiet. The prosecutrix being a married woman was definitely aware of the consequences of her action. 7. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. 8. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. 9. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. As per the status report, bail petitioner is stated to be a resident of House No.683, Village and Post Office, Morna, Tehsil Jhansal, Post Office Bhonpa, Muzaffarnagar, Uttar Pradesh. In order to ensure his presence at trial, stringent condition can be imposed while granting bail. 10. Punishment begins after conviction. Every man is deemed to be innocent until duly tried and duly found guilty. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. 11. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. 11. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court. 12. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in FIR No.27 of 2024, dated 16.09.2024, registered at Women Police Station, Una, District Una, Himachal Pradesh, under Sections 69 and 79 of the Bharatiya Nyaya Sanhita, 2023, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.2,00,000/- (Rupees two lacs) with two local sureties in the like amount, to the satisfaction of learned trial Court. This bail order is subject, however, to the following conditions:- (i) Petitioner shall 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 appropriate application; (ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever; (iii) Petitioner will not leave India without prior permission of the Court; (iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the victim and Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer; (v) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any; & (vi) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 13. Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions are violated by the petitioner. 14. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein. 15. The Registry is directed to forward a soft copy of the bail order to the Superintendent, District Jail Bangarh, District Una, Himachal Pradesh through email, with a direction to enter the date of grant of bail in the e-prison software. 16. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, District Jail Bangarh, District Una, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Una. The Superintendent, District Jail Bangarh, District Una, Himachal Pradesh, is further directed that if the petitioner fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, the said fact be submitted to this Court. 17. The petition stands accordingly disposed of. A copy of this order be sent to the Superintendent, District Jail Bangarh, District Una, Himachal Pradesh and the learned trial Court by FASTER. 18. A downloaded copy of this order shall be accepted by the learned Trial Court while accepting the bail bonds from the petitioner and in case, said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, same may be ascertained from the official website of this Court.