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2025 DIGILAW 62 (HP)

Kapil Dev v. State of Himachal Pradesh -

2025-01-06

BIPIN CHANDER NEGI

body2025
JUDGMENT : Bipin Chander Negi, J. 1. The present bail petition has been filed under Section483 of the BNSS for grant of bail, in FIR No.75 of 2024, dated 01.12.2024, registered at Police Station, Dadahu, District Sirmaur, H.P., under Sections 376 of IPC with Section 6 of Protection of Children From Sexual Offences Act, 2012. 2. I have heard learned counsel for the parties. Perused the record and the status report. 3. Complaint was received on the Child Help Line alleging child marriage inter se the bail petitioner and the alleged victim in the case at hand. It is further alleged that out of the illicit relationship between the petitioner and the alleged victim, a child was also born. As per the status report, the date of birth of the victim in the case at hand is 01.01.2007. The victim in thecase at hand admittedly has attained the age of majority on1.1.2025. 4. Learned counsel appearing on behalf of the petitioner has placed on record a joint application filed on behalf of the alleged victim, who as on date attained the age of majority and also signed by the accused who is presently in custody qua registration of their marriage by the concerned authority. The said application is at page 28 of the paper book and is dated02.01.2025. 5. The bail petitioner in the case at hand was arrested on 03.12.2024. In the aforesaid facts and attending circumstances, wherein the alleged victim has got married with the bail petitioner and an application for registration of the same has been filed before the concerned authority signed by both the bail petitioner and the alleged victim, I see no reason to not allow the present application. Based on the aforesaid, learned counsel appearing on behalf of the petitioner submits that the bail petitioner will be filing an appropriate application for quashing the aforesaid FIR in the case at hand. 6. While deciding an application for bail, the Court should refrain from evaluating or undertaking a detailed assessment of evidence, as the same is not a relevant consideration at the threshold stage. A Court may examine prima facie issues. including any reasonable grounds whether the accused committed an offence or the severity of the offence itself, an extensive consideration of merits which has the potential to prejudice either the case of the prosecution or the defence, is undesirable. 7. A Court may examine prima facie issues. including any reasonable grounds whether the accused committed an offence or the severity of the offence itself, an extensive consideration of merits which has the potential to prejudice either the case of the prosecution or the defence, is undesirable. 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 Village Khud Dravil, Post Office Jarag, Tehsil Dadahu, District Sirmaur, H.P. In order to ensure his presence at trial stringent condition can be imposed while granting bail. 10. 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. 11. 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 case FIR No.75 of 2024, dated 01.12.2024, registered at Police Station Dadadu District Sirmaur H.P. under Sections 376 of the IPC with Section 6 of the Protection of Children from Sexual Offences Act, 2012, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.50,000/- (fifty thousand) with one local surety 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. 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. 12 . 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. 13. 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. 14. The Registry is directed to forward a soft copy of the bail order to the Superintendent, Model Central Jail, at Nahan, District Sirmaur, H.P., through email, with a direction to enter the date of grant of bail in the e-prison software. 15. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, Model Central Jail, at Nahan, District Sirmaur, H.P., is directed to inform this fact to the Secretary, DLSA, Sirmaur. 15. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, Model Central Jail, at Nahan, District Sirmaur, H.P., is directed to inform this fact to the Secretary, DLSA, Sirmaur. The Superintendent, Model Central Jail at Nahan, District Sirmaur, H.P., 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. 16. The petition stands accordingly disposed of. A copy of this order be sent to the Superintendent, Model Central Jail at Nahan, District Sirmaur H.P. and the learned trial Court by FASTER. 17. 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.