Sodhi Ram vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application u/s 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 155 of 2011 dated 5.7.2011 registered at Police Station, Baddi, District Solan, under Sections 376, 511, 452, 354, 342 and 506 IPC. It has been stated that a false case has been registered against the petitioner. The petitioner has been falsely roped in the case which is based on false and fabricated story. The petitioner is only bread winner of the family. The petitioner is in custody for the last about eight months. The challan has been submitted in the Court but no charge has been framed. The petitioner filed bail application which has been dismissed by the learned Sessions Judge, Solan, Camp at Nalagarh on 15.10.2011. The learned Sessions Judge has erred in rejecting the bail application of the petitioner. The complainant has filed an application alongwith affidavit to the District Magistrate, Solan for compounding the case, she has no grievance against the petitioner. It has been submitted that petitioner is ready to furnish the bail bonds and prayer has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that the case has been registered on the statement u/s 154 Cr.P.C. of the prosecutrix. In the complaint, it has been stated that the complainant had been residing in the house of Jagdish Chand for the last three years alongwith her husband and children. On 5.7.2011 her husband had gone to his shop at 8.00 a.m. The prosecutrix and her daughter were in the house. At about 3.00 p.m. the complainant was sleeping in her room and her daughter was playing on the roof, a person entered in her room and bolted the door from inside. He attempted to open the string of her petti-coat. He gave teeth bite on her right shoulder. The complainant gave a loud call to her daughter who came and started knocking the door from outside. The said person opened the door and ran away. The complainant and her daughter ran after him and shouted, the said person was apprehended by the villagers. The name of the said person was disclosed to be Sodhi Ram petitioner. On this, the case was registered.

It has been stated that the petitioner was arrested on 5.7.2011. The petitioner got identified the place of occurrence. The bail application of the petitioner has been dismissed by the learned Sessions Judge on 26.9.2011. The challan has been submitted on 20.8.2011. The case is now fixed before the learned Sessions Judge on 15.3.2012 for consideration of charge. The petitioner is a local man and in the event of bail he can terrorise and winover the prosecution witnesses. The submission has been made for rejection of the bail application.

Heard and perused the record. The learned counsel for the petitioner has submitted that the petitioner is in custody since 5.7.2011, but till now, even charge has not been framed. The trial will take some time. No purpose will be served for keeping the petitioner in jail for indefinite period. On the basis of the allegations made by the prosecutrix, no case u/s 376/511 IPC is made out. The learned Additional Advocate General has submitted that the petitioner has committed serious offence and, therefore, bail may not be granted to him.

I have considered the rival contentions of the learned counsel for the parties. On instructions received, the learned Additional Advocate General has submitted that there are in all 16 witnesses to be examined by the prosecution. The charge has not been framed. It is not possible to say the time frame within which the trial is going to be concluded. The apprehension of the prosecution that in case the petitioner is released on bail he will terrorise the witnesses and win over them, has not been supported by corroborative material. The learned counsel for the petitioner has submitted that the complainant has already submitted an affidavit to the District Magistrate that she does not want to pursue the case against the petitioner. There is no allegation of commission of offence u/s 376 IPC. Thus, keeping in view the facts and circumstances of the case, the petitioner has made out a case for grant of bail u/s 439 Cr.P.C.

In view of the above, the petition is allowed. The petitioner is ordered to be released on bail FIR No. 155 of 2011 dated 5.7.2011 registered at Police Station, Baddi, District Solan, under Sections 376, 511, 452, 354, 342 and 506 IPC, on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Judicial Magistrate 1st Class, Court No. 1, Nalagarh with the conditions that the petitioner shall not terrorize or overawe the prosecution witnesses and he shall maintain absolutely peaceful and lawful conduct during the pendency of the trial. The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case.