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Judgment
Ajay Mohan Goel, J
By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 13/2021, dated 23.02.2021, registered under Sections 363, 366, 376 & 120- B of the Indian Penal Code and Sections 6 and 17 of the Protection of Children from Sexual Offences Act at Women Police Station Baddi, District Solan, H.P.
Status report filed, which is perused and ordered to be taken on record.
Learned counsel for the petitioner has submitted that the only allegation against the petitioner is that he facilitated the travel of minor victim in a bus from Baddi to the State of Uttar Pradesh alongwith a minor boy. Learned counsel has further submitted that the Hon’ble Co-ordinate Bench of this Court in Cr. MP(M) No. 470 of 2023, titled as Amit Kumar Vs. State of H.P. has been pleased to release two other co-accused in the same FIR on bail and accordingly, she submitted that it will be in the interest of justice in case the present petitioner is also ordered to be released on bail, on same terms and conditions, as stand imposed upon the other accused.
Though the bail has been opposed by the learned Additional Advocate General, but he could not deny the fact that the Hon’ble Co-ordinate Bench has already been pleased to release two of the co-accused.
Accordingly, this petition is disposed of by ordering the release of the petitioner in FIR No. 13/2021, dated 23.02.2021, registered under Sections 363, 366, 376 & 120- B of the Indian Penal Code and Sections 6 and 17 of the Protection of Children from Sexual Offences Act at Women Police Station Baddi, District Solan, H.P., in view of the fact that two accused already stand released by the Hon’ble Co-ordinate Bench, subject to furnishing bail bonds in the sum of Rs.1,00,000/- with one local surety in the like amount, to the satisfaction of the learned Trial Court, besides the following conditions:-
“(a) He 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 promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and
(d) He shall not leave the territory of India, without the prior permission of the Court.”
It is clarified that the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned Trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during trial of the case. It is further clarified that in case the petitioner does not comply with the conditions which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of bail. The petition stands disposed in above terms.
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