Urmila Devi vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner has prayed for bail in FIR No. 7 of 2020 registered on 29.2.2020 at Women Police Station, Una, District Una, H.P.

FIR was initially registered against the petitioner and her son under Section 376 of Indian Penal Code and Section 3(1) (r)(s) of the Scheduled

Caste and Scheduled Tribe (Prevention of Atrocities) Act on the basis of a complaint of the prosecutrix to the effect that she became acquainted with

one Lovkesh, son of the petitioner. Both used to work in different offices but located in same building. On 10.6.2017, prosecutrix accompanied

Lovkesh to a hotel at Behdala, where he established physical relations with her on pretext of marriage. Both had physical relations a couple of times

thereafter also. According to the prosecutrix, she agreed to maintaining the physical relations with petitioner’s son because of allurements of

marriage promised by him. However, thereafter petitioner’s son refused to marry her and also switched off all his mobile phones. Prosecutrix

went to petitioner’s home, but his parents including the petitioner expressed their inability to marry their son with her.

In her statement recorded under Section 164 Cr.P.C., the prosecutrix stated that during her visit to petitioner’s home the petitioner had used the

words prohibited under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, whereafter Section 3(1)(r)s) of the Scheduled Caste

and Scheduled Tribe (Prevention of Atrocities) Act was incorporated in the FIR.

According to the status report, further investigation was carried out by the Investigating Agency with respect to allegations leveled against the son

of the petitioner, which need not be referred to in this bail petition filed by the petitioner (mother of Lovkesh). Suffice to take note of the fact that as

per the status report that the investigation culminated in removal of Section 376 IPC from the FIR and incorporation of Section 312 against the son of

the petitioner as well as against the prosecutrix. In so far as the petitioner is concerned, only offence alleged against her is under Section 3(1)(r)(s) the

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Interim protection was granted to the petitioner vide order dated 13.3.2020.

According to the status report the petitioner has joined the investigation and is co-operating with the Investigating Agency.

Learned Additional Advocate General has fairly submitted that custodial custody of the petitioner in such circumstances is not required. In view of

above, interim protection dated 13.3.2020 is confirmed on same terms and conditions.

It is made clear that in case the petitioner violates the terms and conditions of the grant of bail, then it shall be open for the Investigating Agency to

take recourse in accordance with law for getting the bail cancelled. 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.

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

Copy of this judgment duly authenticated by the Secretary be supplied to learned counsel for the parties, if so requested.