Ranjit Singh vs State of H.P.

Dev Darshan Sud, J.—Heard learned counsel for the petitioner and Mr. A.K Bansal, Addl. Advocate General for the state.

This is the second bail application moved by the petitioner praying for bail. The application is opposed by the State on the ground that prior to this Cr.M.P(M) No. 1045 of 2011 was rejected by this Court on 27.12.2011 with the categorical observations that the petitioner was guilty of forcing the prosecutrix into sexual intercourse with force and under deceit.

Learned counsel appearing for the petitioner submits that the case against the petitioner has been lodged under pressure. He supports his contention by an affidavit filed along with the petition by prosecutrix Kajal Sharma stating therein that she has been married to the accused and that the case has been filed against him due to "misunderstanding and Under pressure".

In these circumstances, learned counsel for the petitioner submits that the petitioner deserves to be released on bail. The prosecutrix is also present in the Court today. The statement of the prosecutrix has been recorded separately. It is also submitted by the learned counsel for the petitioner that the other five accused have already been enlarged on bail. It is also undisputed before us that on the date of incident the prosecutrix was more than 16 years of age. Taking into consideration the totality of the facts and circumstances of the case and statement made by the prosecutrix, I direct that the petitioner be released on bail subject to his furnishing a personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned Fast Track Court, Dharamshala, where the case is pending prosecution. The petitioner shall undertake that he will not interfere with the progress of the trial, tamper with the evidence, hold out threats to or overawe or threaten witnesses and shall undertake to appear before the learned trial Court on each and every date of hearing as directed by the learned trial Court. He shall not abscond from the jurisdiction of the learned Sessions Judge, Kangra at Dharamshala. It will be open to the state to apply to the learned trial Court for imposition of any other conditions, if so required in accordance with law.

The application stands disposed of. This order does not in any manner determine the validity of the alleged marriage and its consequences or pronounce on the relationship between the parties.