Prashant Kashyap vs State Of H.P.

Vivek Singh Thakur, J

Present petition has been filed under Section 438 Cr.P.C. seeking bail in case FIR No. 15 of 2020, dated 19.03.2020, registered at Police Station Sadar, Solan, under Sections 376, 376D, 354, 511 and 34 IPC and Section 12 of POCSO Act and Section 66(E) of IT Act.

Status report stands filed.

It is the case of petitioner that he is not the person, who has committed the alleged offence and even victim as well as her mother have also deposed on affidavits to that effect and said affidavits have been submitted to Investigating Officer.

Plea of petitioner is also substantiated from the status report submitted by respondent/State, wherein it is stated that during identification, the victim has stated that petitioner Prashant Kashyap is not that person who has forcibly violated her person. It is also submitted in status report that blood samples along with exhibits have also been sent to State Forensic Science Laboratory for DNA profiling, but report therefrom is still awaited. According to status report, petitioner is joining the investigation and he has been medically examined on 20th May, 2020 and his blood samples have also been taken.

5 Learned Additional Advocate General, under instructions, has also submitted that nothing is to be recovered from petitioner.

6 Considering the entire facts and circumstances of the case and keeping in view the status report as well as submissions made by learned Additional Advocate General, I am of the opinion that no fruitful purpose is going to serve by keeping the petitioner behind the bars during pendency of trial and at this stage petitioner is entitled to be enlarged on bail, subject to furnishing fresh personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of learned trial Court within 10 days from today, subject to the following conditions:-

(i) That the petitioner shall make himself available for investigation as well as before the trial Court on each and every date as and when required;

(ii) That the petitioner shall 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 from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(ii) That he shall not obstruct the smooth progress of the investigation as well as trial;

(iii) That he shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in advance, to P.S. Sadar Solan.

(v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is suspected.

(vi) That petitioner shall not misuse his liberty in any manner.

It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail in accordance with law.

9 Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG/Misc.Instructions/93-IV.7139 dated 18.3.2013.

Petition stands disposed of. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 438 of Code of Criminal Procedure 1973.