Raj Kumar vs State of Himachal Pradesh

Though, the petitioner was earlier granted bail vide detailed order dated 11.6.2015 in Cr.M.P.(M) No.707 of 2015, titled as Raj Kumar vs State of Himachal Pradesh, however, he has again moved this Court under section 439 of the Code of Criminal Procedure in view of the subsequent incorporation of the offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short SCST Act) and section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act").

The respondent has produced the record of the investigation and has also filed the status report.

It is not in dispute that there has been no material change of circumstances after passing of the order dated 11.6.2015, save and except the incorporation of the offences under the two Acts, as referred above. Therefore, in principle, the accusation against the petitioner remains the same as regards the offence of rape and in so far as the offences under the two Acts, as referred above, is concerned, the same are matters, which essentially are required to be established during the course of trial.

Evidently, the complainant, at the time of filing of the complaint, had not claimed the commission of substantive offences against her so as to attract the POCSO Act and SCST Act. These otherwise, as observed earlier, are essentially to be established during the course of trial. However, it does not mean that liberty of the petitioner can be curtailed when all the material facts and circumstances have already been taken into consideration by this Court while granting bail to the petitioner on 11.6.2015.

Having said so, I find this to be a fit case where discretion of bail ought to be exercised. Accordingly, the bail application is allowed and the petitioner is ordered to be released on bail in case FIR No. 92/2015 dated 3.6.2015 under sections 376, 201, 506 of the Indian Penal Code, under section 3 (xii) of the SCST Act and under section 4 of the POCSO Act, registered with the Police Station, Barmana, District Bilaspur, H.P., on his furnishing personal bonds in the sum of Rs. 20,000/- with one surety of the like amount, to the satisfaction of the Sessions Judge, Bilaspur, District Bilaspur, H.P with the following conditions:- (i) 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;

(ii) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

(iii) 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

(iv) he shall not leave the territory of India without prior permission of the Court.

Learned Sessions Judge, Bilaspur is directed to comply with the directions issued by the High Court, vide communication No. HHC.VIG./Misc. Instructions/93- IV.7139 dated 18.03.2013.

Any observation made hereinabove shall not be taken as an expression of opinion on the merit of the case and the trial Court shall decide the matter uninfluenced by any observation made hereinabove. The petition stands disposed of. Copy dasti.