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2025 DIGILAW 67 (HP)

Vinod Singh v. State of Himachal Pradesh

2025-01-07

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. 1. Applicant-Vinod Singh, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, in case FIR No. 249 of 2024, dated 07.11.2024, registered under Sections 61(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), with Police Station Nurpur, District Kangra, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, as he has nothing to do with the alleged offences. 3. As per the applicant, he has no role to play in the alleged crime and has not involved in it. 4. Apart from this, 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. 5. On the basis of the above facts, a prayer has been made to allow the application. 6. In this case prosecutrix has been ordered to be impleaded as respondent No.2, on 2.1.2025 and notices were ordered to be served upon her, through SHO Police Station, Nurpur. 7. When put to notice, the police has filed the status report, disclosing therein, that on 07.11.2024, the prosecutrix, along with her mother, appeared before the Police and made a complaint, mentioning therein that she is resident of the address, as mentioned, in the complaint. 7.1. According to her, her father is a labourer by profession. For the last four months, from the date of making the complainant, she is allegedly learning computer at Gangath. On 06.11.2024, after attending the computer classes, the prosecutrix was on her way to her home, on foot. 7.2. At about 1.30 p.m., in the afternoon, when, the prosecutrix reached a secluded place near Bera Ground, then a J.K. number car came there and the driver had stopped the car near the prosecutrix. Another person was sitting in the car, who had snatched the phone from the prosecutrix. 7.3. The said boy was earlier known to the prosecutrix, as, he was her friend through instagram, a social media App. The prosecutrix used to talk with said boy on instagram. 7.4. The said boy disclosed his name as Dinesh @ Sunny, resident of Vasauli, Jammu and Kashmir. 7.3. The said boy was earlier known to the prosecutrix, as, he was her friend through instagram, a social media App. The prosecutrix used to talk with said boy on instagram. 7.4. The said boy disclosed his name as Dinesh @ Sunny, resident of Vasauli, Jammu and Kashmir. Not only this, the said boy has also given his mobile number to her, thorugh which, they remained in touch with each other. 7.5. The prosecutrix has further alleged in the complaint that Dinesh @ Sunny dragged her inside the car and directed the driver to drive the car towards her house. When the said act of accused Dinesh was resisted by the prosecutrix, her mouth was gagged and the car was driven towards Forest side at secluded place, where, accused Dinesh @ Sunny directed the driver to park the car on the side of the road. 7.6. Consequently, the driver acted on the direction of accused Sunny. Thereafter, accused Sunny dragged the prosecutrix out of the car and took her towards the bushes on the side of the road. She was raped twice. Although, the prosecutrix raised alarm, but, no habitation was there, as such, no one could hear her alarm. 7.7. Thereafter, accused Sunny made her to sit in the car and directed the driver to take the car to Tallu. Consequently, the driver drove the car towards Tallu. One kilometer short to Tallu, Sunny thrown the prosecutrix out of the car. Thereafter, the driver took vehicle towards Tallu. Sunny had allegedly recorded the Video. 7.8. After reaching home, the prosecutrix disclosed this fact to her mother. Thereafter, she has made the complaint 7.9. On the basis of the above facts, the police registered the FIR, in question, and the police machinery swung into motion. 7.10. During investigation, on the identification of the prosecutrix, the spot was visited and the statements witnesses under Section 180 of the BNSS were recorded. Thereafter, team of DFU, Nurpur, inspected the spot and physical evidence, so found, was also taken into consideration. 7.11. Thereafter, the prosecutrix has also handed over her wearing apparels, which were worn by her at the relevant time. The prosecutrix was also medico-legally examined and physical evidence, collected by the doctors, was taken into possession. 7.12. On 08.11.2024, the prosecutrix was produced before the learned Additional Chief Judicial Magistrate, Nurpur, where, her statement under Section 183 of BNSS was recorded. The prosecutrix was also medico-legally examined and physical evidence, collected by the doctors, was taken into possession. 7.12. On 08.11.2024, the prosecutrix was produced before the learned Additional Chief Judicial Magistrate, Nurpur, where, her statement under Section 183 of BNSS was recorded. 7.13. During investigation, the statement of prosecutrix was recorded in which, she had disclosed that the vehicle used by accused Dinesh was having registration No.JK08M-9312, which was being driven by Vinod Singh (applicant). 7.14. On 24.12.2024, accused Dinesh Singh was nabbed. The involvement of Vinod Singh was found, in the crime, in question, as such, Section 61(2) of the BNSS was added, in this case. 7.15. It is the further case of the police that during investigation, it was found that accused Dinesh Singh used Car No. JK08M-9312 and the said car was being driven by Vinod Singh (applicant), at the relevant time. 7.16. Applicant, along with Dinesh Singh, after hatching conspiracy came to Gangath, where accused Dinesh Singh, allegedly raped the prosecutrix twice. Applicant Vinod Singh was having the full knowledge of the fact that accused Dinesh Singh is going to commit the said crime. 8. On the basis of the above facts, it has been apprehended in the status report that the applicant is resident of Jammu and Kashmir and in case the bail is granted to him, he may not be available for trial. 9. It has also been mentioned in the status report that the investigation, in the present case, is complete and the challan has been filed in the competent Court of law on3.1.2025 10. On the basis of the above facts, a prayer has been made to dismiss the application. 11. No doubt, the applicant has been named as accused in a heinous offence, but, the role allegedly attributed to the applicant, qua the fact that he is having knowledge that accused Dinesh Singh, had come to Gangath, to commit the crime, will be proved during the trial. 12. The applicant is presumed to be innocent, as no other case is found to have been registered against him. 13. The investigation, in the present case, is complete and the applicant is in judicial custody. This fact demonstrates that his custodial interrogation is not required. 14. 12. The applicant is presumed to be innocent, as no other case is found to have been registered against him. 13. The investigation, in the present case, is complete and the applicant is in judicial custody. This fact demonstrates that his custodial interrogation is not required. 14. Moreover, the chances of commencement and conclusion of trial, against the applicant, in near future, are not so bright, as such, no useful purpose would be served by keeping them, in judicial custody, that too, for indefinite period. 15. Even otherwise, the bail application cannot be rejected, as a matter of punishment, as, pre-trial punishment is prohibited under the law and punishment can only be imposed, after the full fledged trial, by competent Court of law. 16. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released on bail in case FIR No.249 of 2024, dated 07.11.2024, under Sections 64, 61(2) of the BNSS, registered with Police Station, Nurpur, District Kangra, H.P., on his furnishing personal bond in the sum of Rs.50,000/- with one surety, in the like amount, to the satisfaction of learned Additional Chief Judicial Magistrate, Nurpur, District Kangra, H.P. 17. This order of release, however, shall be subject to the following conditions :- “a) Applicant shall make himself available for the purpose of interrogation, if so required 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 appropriate application; b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) He 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 Office; d) They shall not leave the territory of India without the prior permission of the Court.” 18. Any of the observations made herein above 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. 19. Any of the observations made herein above 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. 19. 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 bail applicant/petitioner. 20. The Registry is directed to forward a soft copy of the bail order to the Superintendent Jail, Sub-Jail, Nurpur, District Kangra through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 21. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent Jail, Sub-Jail, Nurpur, District Kangra, is directed to inform this fact to the Secretary, DLSA, Kangra. The Superintendent Jail, Sub-Jail, Nurpur, District Kangra, 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.