Ankush Kumar vs State Of H.P

Jyotsna Rewal Dua, J

Petitioner is accused of offences under Section 376, 506 read with Section 34 of the Indian Penal Code in FIR No.94/2021, registered on 30.03.2021, at Police Station Nalagarh, H.P. By means of this petition, he is seeking regular bail under Section 439 of the Code of Criminal Procedure.

I have heard learned counsel for the parties and gone through the status report.

The prosecution case against the bail petitioner, as it comes out from the status report, is that the FIR in question was registered on the basis of a complaint lodged by the prosecutrix on 30.03.2021. The allegation in the complaint was that the prosecutrix while residing at Nalagarh got acquainted with the petitioner who resided in an adjoining house. They became friends. The petitioner frequently used to visit her room. It has been further alleged that on extending promise to marry her, the petitioner established physical relations with the prosexutrix. Petitioner used to brush aside prosecutrix insistence for marriage on one pretext or the other. He statedly used to say that he had talked about this matter with his family members, however, they had not responded. She further alleged that on 02.03.2021, the petitioner had been taken by his family members to his home. Ever since then, most of her calls were not being picked up or answered by the petitioner. In response to a few calls picked up by the petitioner, his usual & routine response was that he would be returning soon. Prosecutrix further alleged to have been threatened by petitioner’s family members. She also alleged that she was raped by the petitioner on 02.03.2021. On the basis of these allegations, FIR was registered on 30.03.2021 and petitioner was arrested on 02.04.2021.

Learned counsel for the petitioner contended that the petitioner is innocent and has been falsely implicated in the FIR. He has nothing to do with the commission of the alleged offence. Learned counsel further submitted that the petitioner will abide by all the conditions, which may be imposed upon him in case of grant of bail and that he will not influence the witnesses or temper with the prosecution evidence in any manner.

Learned Deputy Advocate General, while opposing the bail plea of the petitioner, submitted that the petitioner has been accused of heinous and serious offences, therefore, his enlargement on bail should be declined. However, in case the Court is inclined to grant bail to him, then the same be made subject to stringent conditions.

As per the status report, the prosecutrix was aged around 25 years at the time of alleged commission of the offence. She was a mature lady. Status report suggests that she was on friendly terms with the petitioner. Status report does not suggest use of force or any coercive method by the petitioner against the prosecutrix. According to the status report MLC of the prosecutrix reported that “in my opinion there is evidence suggestive that the victim had undergone sexual intercourse but there is no evidence of forceful intercourse.” As per the version of the prosecutrix, her repeated insistence for solemnizing marriage was being repeatedly brushed aside by the petitioner. Prosecutrix complained that even on 02.03.2021, when the petitioner was allegedly taken by his family members to his home, he had raped her on 02.03.2021. The FIR was lodged only on 30.03.2021.

Looking into the nature of accusations, the mode and manner of commission of alleged offences, the investigation carried out so far, coupled with the fact that the petitioner is behind the bars w.e.f. 02.04.2021, I am of the considered view that further incarceration of the petitioner is not going to achieve any significant object in the facts & circumstances of the case, more so in present Covid 19 pandemic . Further investigation in the matter is almost complete. No recovery is to be effected from the petitioner. Petitioner has no criminal antecedents. He is permanent residents of village Tehal P.O. Bisha Tehsil Kandaghat District Solan, H.P. therefore, his presence can be secured in the trial. Accordingly, the present petition is allowed and petitioner is ordered to be released on bail in the aforesaid FIR on his furnishing personal bond in the sum of Rs.50,000/, with one local surety in the like amount, to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:​

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). Petitioner shall not temper 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 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). In case of launching of prosecutor, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi). 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, EÂmail, PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Any observation hereinabove shall not be taken as an expression on merits of the case and learned Trial Court shall decide the matter uninfluenced by any of observations made herein above.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy dasti.