Satish vs State Of H.P

Bipin Chander Negi, J

Bail-petitioner come up before this Court seeking regular bail under Section 439 of the Code of Criminal Procedure in FIR No. 06/2024 dated 18.01.2024 registered under Sections 376 and 506 of IPC registered with police of Police Station Ram Sehar, District Solan, H.P.

I have heard learned counsel for the parties and have gone through the status report and record.

Brief facts giving rise to the case at hand are that on 18.01.2024, FIR was registered with respect to an incident which occurred on 07.12.2023. The case in a nutshell against the bail petitioner is that, the prosecutrix, in the case at hand, was forcibly taken in the car of the bail petitioner on 07.12.2023 at about 10:00 p.m. in the night and thereafter rape was committed on the prosecutrix.

The allegations, no doubt, in the case at hand are very serious. The offence committed is henious. A perusal of the statement recorded under Section 154 of Cr.P.C. made by the prosecutrix clearly reveals that she was forcibly taken in the car of the bail petitioner whereinafter rape was committed.

In the statement made under Section 164 of Cr.P.C., the prosectutrix states that the bail petitioner had deceitfully taken her into his car by stating that there are three or four other people traveling in the vehicle so she could also accompany the bail petitioner with three or four other individuals in the car.

However, when the statement of one Ramesh Kumar is looked at this stage, it is revealed that on 07.12.2023, in the night at about 10:00 p.m. both Ramesh Kumar and bail petitioner post attending the marriage function in their village had travelled in the car. As per the statement of Ramesh Kumar, the prosecutrix had also accompanied them in the said vehicle.

At the time of deciding the bail applications detailed discussion of the evidence so collected and produced by the prosecution should be avoided as it may cause prejudice either to the case of the prosecution or either to the case of the bail petitioner. The facts which have been noticed herein above have only been noticed to assess the gravity and seriousness of allegations made out against the bail petitioner.

It is note worthy that in the case at hand FIR is registered on 18.01.2024 with respect to the incident which occurred on 07.12.2023. In the status report, so filed, there is no explanation qua the delay in registering the FIR.

Investigation in the case at hand is complete. The challan has been presented. Petitioner is in custody since 19.01.2024. The trial is going to take some time. The charges against the petitioner are yet to be proved. Pre-trial in incarceration is not the Rule. Further detention of the petitioner in judicial custody will not serve any fruitful purpose.

Bail petitioner is permanent resident of Village Tayamu Parla, Post Office Badokhri, Tehsil Ramsaher, District Solan, H.P. and the respondent-State has not expressed any apprehension of the petitioner fleeing from justice. In any case, the bail petitioner can be put to terms for the purpose of safe, secure and un-obsructed completion of trial.

In the aforesaid facts and attending circumstances, further custody of the petitioner would definitely be violative of his personal liberty granted to him under Article 21 of the Constitution of India.

In view of the aforesaid, the instant petition is allowed and the petitioner is enlarged on bail in FIR No. 06/2024 dated 18.01.2024, registered under Sections 376 and 506 of IPC at Police Station Ram Sehar, District Solan, H.P. subject to his furnishing personal bond in the sum of Rs. 50,000/-with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:-

(i) Petitioner shall 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). Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever;

(iii). Petitioner will not leave India without prior permission of the Court;

(iv). Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

A copy of this order be sent to the Superintendent, Model Central Jail Kanda, District Shimla, H.P. and the learned trial Court by FASTER.

A downloaded copy of this order shall be accepted by the learned trial Court, while accepting the bail bonds from the petitioner and in case, said court intends to ascertain the veracity of the downloaded copy of order presented to it, same may be ascertained from the official website of this Court.