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2025 DIGILAW 432 (HP)

Devender Singh v. State of Himachal Pradesh

2025-03-21

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. Applicant-Devender Singh has sought the relief of bail by surrendering himself to the custody of this Court. 2. Applicant has surrendered to the custody of this Court on 24.02.2025 and sought the relief of bail, during the pendency of the case, bearing FIR No.14 of 2025 dated 19.02.2025 (hereinafter referred to as the ‘FIR in issue’), registered under Sections 75, 76, 351(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to asthe ‘BNS’), Section 12 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the ‘POCSO Act’), and Section 3(1)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the ‘SC&ST Act’), with Police Station Renuka Ji, District Sirmaur, H.P. 3. According to the applicant, he is innocent person and has falsely been named as accused, in the FIR in question. 4. As per applicant, FIR in question has been lodged by the complainant due to personal vendetta, as, there is land dispute between the applicant and the complainant. 5. Denying the entire allegations, as mentioned in the FIR, a prayer has been made to release the applicant on bail, during the pendency of the trial. 6. On the basis of above facts, the applicant has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail. 7. When, the applicant had surrendered to the custody of this Court, on 24.02.2025, the State was directed to file status report. 8. In the status report, filed on 24.02.2025, it has been mentioned that the complainant (respondent No.2) has submitted a complaint to the police station, disclosing therein that the child victim is his daughter, aged about 17 years. 9. As per the complaint, made by the complainant, on 18.02.2025, his daughter had gone out to graze her goat, where, the applicant had misbehaved with her and done inappropriate act. 10. According to the further allegations of the complainant, the applicant, by giving allurement of the money to his daughter, had tried to do the forcible act with her. The clothes of the child victim were torn and the applicant had also threatened her that in case, she discloses this fact to anyone, he will finish her and also uttered that ‘you, being daughter of XXX (caste), are meant for this work’. The clothes of the child victim were torn and the applicant had also threatened her that in case, she discloses this fact to anyone, he will finish her and also uttered that ‘you, being daughter of XXX (caste), are meant for this work’. He has also made caste-based aspersions, against the child victim. 11. Lastly, the complainant got recorded that the applicant has threatened him, as well as, his family members to finish them. 12. On the basis of above facts, complainant has prayed that the action be taken against the applicant. 13. Consequently, FIR, in issue, has been registered against the applicant. The child victim was medico legally examined at Civil Hospital (name withheld) and the doctor opined the injuries, found on the person of the child victim, as simple. 14. Thereafter, the Caste Certificates of the complainant, as well as, the applicant, were obtained. The documents, with regard to date of birth of the child victim, were also obtained, according to which, date of birth of the child victim is found to be 12.01.2008. 15. As per documents, collected by the Investigating Officer, the complainant and the child victim are from Scheduled Caste, whereas, the applicant is from General category. 16. According to the status report, it was found that on 18.02.2025, the child victim had gone out to graze her goats, where, the applicant had started doing inappropriate behaviour and by alluring her to pay Rs.100/-, she was asked to permit the applicant to commit wrong act and had made efforts to ravish her. When, the child victim tried to flee away from the spot, the applicant torn her shirt. 17. On notice, complainant has also put appearance and thereafter, the State was directed to file supplementary status report. 18. According to the supplementary status report, filed today, applicant has joined the investigation on 25.02.2025, 02.03.2025 and 19.03.2025 and as per status report, investigation is complete. 19. On the basis of above facts, a prayer has been made to dismiss the application. 20. Heard. 21. In the present case, the applicant has been named, as accused, for the offence punishable under Sections 75, 76, 351(2) of the BNS, Section 12 of the POCSO Act, and Section 3(1)(w)(i)(ii) of the SC&ST Act. 22. 19. On the basis of above facts, a prayer has been made to dismiss the application. 20. Heard. 21. In the present case, the applicant has been named, as accused, for the offence punishable under Sections 75, 76, 351(2) of the BNS, Section 12 of the POCSO Act, and Section 3(1)(w)(i)(ii) of the SC&ST Act. 22. Keeping in view the punishment, provided for the above offences, this Court is of the view that no useful purpose would be served by dismissing the application, as, the same would result into remanding the applicant in the judicial custody. 23. It is not the case of the police that the custodial interrogation of the applicant is required, as, investigation, in the present case, is complete. 24. Moreover, the applicant is the permanent resident of District Sirmaur and as such, it cannot be apprehended that in case, the interim order is made absolute, he will not be available for the trial. 25. Considering all these facts, this Court is of the opinion that the interim order, dated 24.02.2025, is liable to be confirmed. Consequently, interim order, dated 24.02.2025, is made absolute, subject to the following conditions: a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicant will not leave India, without prior permission of the Court; c) That the applicant 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 the Court; and d) That the applicant shall 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 appropriate application; 26. 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. 27. The applicant is directed to move regular bail application, when chargesheet will be filed in the competent Court of law. 28. 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 violated by the applicant.