Hindi Lal vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

The matter is taken up through video conference.

The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case

FIR No. 107 of 2018, dated 16.11.2018, under Section 376 of IPC and Section 4 of POSCO Act, registered in Police Station Chirgaon, District Shimla,

H.P.

As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of

the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by

keeping him behind the bars for an unlimited period, so he be released on bail.

Police report stands filed. The prosecution story, as emanates from the records, is that on 16.11.2018, prosecutrix (name withheld), aged 16 years,

got her statement recorded under Section 154 Cr.P.C. with WC Sneh Lata No.1005, in the presence of her mother Leelpati. She has stated that they

are four brothers and sisters and she is the eldest of them. Her father has expired four years back and her mother takes care of them by working as a

labourer. In the month of August, 2018, (date not known) when she was alone at home, petitioner, Hindi Lal, her neighbourer, came to her house and

assaulted her sexually. When she retaliated, he gagged her mouth with Thatu and threatened her to set her house on fire, if she would disclose this

fact to her mother. Thereafter, due to fear, she did not disclose anything to her mother and now she is carrying pregnancy of three-four months. Upon

the statement, so made by the prosecutrix, police registered a case and the investigation ensued. The prosecutrix was medically examined and her

statement under Section 164 Cr.P.C. was got recorded. On 18.11.2018, Hindi Lal, the present petitioner, was arrested and also medically examined.

Police prepared the spot map and recorded the statements of the witnesses. On 25.11.2018, at night, prosecutrix gave birth to a girl, who could not

survive for long and died on 26.11.2018. As per police, after completion of investigation, challan stands presented in the learned Trial Court. As per

SFSL report, prosecutrix and the petitioner were the mother and father of the infant. Lastly, it is prayed that the bail application of the petitioner be

dismissed, as he has committed a serious offence and there is anger in the society against him and there is possibility that in case, at this stage, he is

enlarged on bail, he may flee from justice or tamper with the prosecution witnesses.

I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the

police report, carefully.

The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that the

petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has argued that no fruitful purpose

will be served by keeping the petitioner behind the bars for an unlimited period, especially when investigation is complete, challan stands presented in

the learned Trial Court and custody of the petitioner is not at all required by the police, so the bail application may be allowed and the petitioner be

enlarged on bail. Conversely, learned Additional Advocate General has argued that the petitioner was found involved in a serious offence. He has

further argued that in case the petitioner is enlarged on bail, at this stage, he may flee from justice or tamper with the prosecution evidence. He has

prayed that the bail application of the petitioner be dismissed.

In rebuttal the learned Counsel for the petitioner has argued that the petitioner is behind the bars for the last more than two years and cannot be

kept there for an unlimited period, especially when investigation is complete, challan stands presented in the learned Trial Court and the fact that

custody of the petitioner is not at all required by the police, so the application be allowed and the petitioner be enlarged on bail.

At this stage, considering the fact that investigation in the case is complete, challan stands presented in the learned Trial Court, custody of the

petitioner is not at all required by the police, also the fact that he is neither in a position to tamper with the prosecution evidence nor in a position to flee

from justice, the fact that the petitioner cannot be kept behind the bars for an unlimited period, especially, when investigation in the matter is complete

and nothing remains to be recovered at the instance of the petitioner and also the fact that the petitioner is ready and willing to abide by the terms and

conditions of the bail, in case granted. Considering the overall material, which has come on record, and without discussing the same, at this stage, this

Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour.

Accordingly, the petition is allowed and it is ordered that the petitioner, who has been arrested by the police in case FIR No. 107 of 2018, dated

16.11.2018, under Section 376 of IPC and Section 4 of POSCO Act, registered in Police Station Chirgaon, District Shimla, H.P., shall be released on

bail forthwith in this case, subject to his furnishing personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one surety in the like amount to

the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions:

(i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required.

(ii) That the petitioner will not leave India without prior permission of the Court.

(iii) That the petitioner 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 Court.

In view of the above, the petition is disposed of.