Amar Chand vs State of Himachal Pradesh

Kuldip Singh, J.—This is an application u/s 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 67/2012, dated 13.7.2012, registered at Police Station Rohru, District Shimla, under Sections 376, 506 IPC. It has been stated that allegations against the petitioner are that he sexually assaulted his daughter-in-law while she was preparing tea. The petitioner is innocent, he has committed no offence. The petitioner has been implicated by the victim at the behest of some interested persons in order to grab the property. The allegations against the petitioner are false. There is no legal evidence connecting the petitioner with the offence.

The victim is second wife of elder son of petitioner. The first wife of the elder son of petitioner had died. The victim and her husband were living separately and they joined the petitioner only in the last week of June, 2012. The conduct of victim towards other family members was not good, the petitioner had lodged 2-3 complaints against victim at Police Station, Rohru. The husband of the victim has also filed an affidavit in respect of conduct and intention of victim.

The petitioner has retired from Army. The investigation in the case is complete. The challan has been submitted in the Court. The petitioner moved an application for bail which has been dismissed by learned Additional Sessions Judge, Shimla, camp at Rohru, on 6.8.2012. The petitioner moved another application for bail which is pending before learned Additional Sessions Judge, Fast Track Court, Shimla and is fixed on 16.11.2012. The petitioner is ready to furnish bail bonds. The submission has been made for releasing the petitioner on bail.

The status report has been filed. In the status report, it has been stated that petitioner has committed forcible sexual intercourse with the victim on 12.7.2012 at about 10.30 a.m. when victim was preparing tea and husband of the victim was not in the house. In the MLC of the victim, it has been stated that victim is habitual of having sexual intercourse but possibility of recent sexual intercourse cannot be ruled out, the injuries mentioned on MLC appear to be struggle marks. The learned Additional Advocate General has stated that challan has been submitted in the Court on 5.10.2012 and is fixed 21.11.2012 for consideration of charge.

Heard and perused the record. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in the case, petitioner is about 71 years of age. The victim instead of contacting her husband, who was allegedly not in the house, went to her parents covering a distance of about 100 kilometres and then reported the matter to the police. The husband of the victim in the affidavit dated 16.7.2012 has stated that the conduct of his wife was throughout quarrelsome, arrogant to disturb the peace and harmony of the family. He has stated that his wife has falsely implicated the petitioner on 12.7.2012. The learned Additional Advocate General has opposed the bail application. It has been stated in the bail application that earlier bail application of the petitioner has been dismissed on 06.08.2012 by learned Additional Sessions Judge, Shimla, camp at Rohru. The petitioner has moved another bail application which is pending before learned Additional Sessions Judge, Fast Track Court, Shimla and listed for consideration on 16.11.2012. It has been stated in the bail application that petitioner would withdraw the said application, but nothing has been stated by learned counsel for the petitioner about the status of the bail application fixed on 16.11.2012. In these circumstances, the application is dismissed on the ground that bail application of the petitioner is already pending before learned Additional Sessions Judge, Fast Track Court, Shimla, on 16.11.2012. The petitioner is at liberty to pursue that application in accordance with law. The learned Additional Sessions Judge, Fast Track Court, Shimla, shall dispose of said bail application in accordance with law and shall not be influenced by the dismissal of the present bail application.