Suman Kumar vs State Of H.P

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 26/2022, dated 30.11.2022, registered under Sections 452, 354 and 506 of the Indian Penal Code and Section 8 of the POCSO Act and Section 3(1)(w)(i)(ii) and 3(2)(va) of the SC & ST Act at Police Station Bagga, District Solan, H.P.

Status report stands filed, which is perused and taken on record.

The case of the prosecution is that in terms of the complaint which has been filed, the minor victim was terrorized by the petitioner on 28th November, 2022 as also on 29th November, 2022, who initially trespassed into the bed room of the minor on 28th November, 2022 and thereafter threatened her on 29th November, 2022 by questioning her as to why she shouted for the help of her uncle on the previous night, i.e., 28th November, 2022 and that the petitioner would do away with the life of the minor victim. The petitioner is stated to be in custody since 1st December, 2022. The age of the minor is stated to be 16 years whereas the age of the petitioner is 20 years. Learned counsel for the petitioner has submitted that the petitioner is innocent and he is not guilty of the offences alleged against him and that he has been falsely implicated in the case on account of animosity between the family of the petitioner and the family of the victim. He further submitted that taking into consideration the allegations which have been levelled against the petitioner as also the tender age of the petitioner, no purpose will be served by detaining him in custody and if released on bail, he will abide by all the conditions that may be imposed upon him by the Court.

The petition is opposed by the learned Additional Advocate General, inter alia, on the ground that besides the offence alleged to have been committed by the petitioner is a heinous offence, if released on bail, the petitioner will try to intimidate the family of the petitioner and therefore, it will be in the interest in case the petition is dismissed.

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

The offences alleged to have been committed by the\ petitioner have already been referred to in the above part of the judgment.

The petitioner is stated to be in custody since 1st December, 2022. Whether or not the petitioner is guilty of the offences is a matter of trial. Taking into consideration the age of both the victim as also the petitioner/accused, this Court is of the considered view that no purpose will be served by detaining the petitioner in custody. Accordingly, this petition is allowed and the petitioner is ordered to be released on bail in FIR No. 26/2022, dated 30.11.2022, registered under Sections 452, 354 and 506 of the Indian Penal Code and Section 8 of the POCSO Act and Section 3(1)(w)(i)(ii) and 3(2)(va) of the SC & ST Act at Police Station Bagga, District Solan, H.P., subject to his furnishing bail bond in the sum of rupees ten thousand with one surety of the like amount to the satisfaction of concerned Chief Judicial Magistrate/ Additional Chief Judicial Magistrate/Judicial Magistrate First Class. The petitioner shall also abide by the following conditions:-

“(a) He 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;

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

(c) 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

(d) He will not leave the territorial jurisdiction of the Trial Court without the leave of the Court."

It is clarified that the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned Trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during trial of the case. It is further clarified that in case the petitioner does not comply with the conditions which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of bail. The petition stands disposed in above terms.

Downloaded copy of this judgment is valid for compliance.