Virender Kumar vs State Of Himachal Pradesh

Satyen Vaidya, J

The petitioner is accused in case FIR No. 26 of 2021 dated 11.09.2021 registered at Police Station, Balh, District Mandi, H.P. under Sections 376 (2) of the Indian Penal Code and Sections 4 and 6 of the POSCO Act.

By way of instant petition, the petitioner has sought bail under section 439 Cr.P.C on the ground that he and victim knew each other. He and victim have intent to marry each other. He has no criminal background. The matter has been reported to the police by some NGO. Neither the victim nor any of her relatives have any grievance.

Petitioner has further averred that he is permanent of village Kushahal, P.O. Randhada Tehsil Sadar, District Mandi, H.P. and he will not abscond from the course of justice. He will not tamper with the prosecution evidence and shall abide by the terms and conditions to be imposed by this Court while grating bail.

On notice the respondent has produced the status report. The investigation is stated to have been completed and the report under Section 173 Cr.P.C is stated to have been prepared and submitted for scrutiny. It has been contended that the victim is a minor. Her date of birth is 19.07.2004. The petitioner is alleged to have committed rape on her. It has been stated that victim was residing with petitioner for about two years. However, there is nothing in the status report to infer that the averments made by the petitioner with respect to his antecedents were wrong.

Heard.

Perusal of status report as well as records produced today by the Investigating officer reveal that the case has been registered at the instance of an NGO. The age of the victim is above 17 years. She during investigation has not implicated the petitioner of having done anything wrong without her knowledge. The victim being minor, the allegations if proved in accordance with law shall make petitioner liable for appropriate penal consequences.

For the purposes of disposal of this application, the conduct of the victim can be taken as a mitigating circumstance as she has not alleged anything forcibly done by the petitioner. In fact according to the victim, she had no grievance and had approached the NGO only when the petitioner had asked her not to indulge in any independent job.

Petitioner is permanent resident of village Kushahal, P.O. Randhada Tehsil Sadar, District Mandi, H.P. He has no criminal antecedents. There is no likelihood of petitioner absconding from the course of justice. His presence for trial can be procured by imposing appropriate conditions. Pre-trial incarceration will not serve any purpose in the instant matter.

In view of above peculiar circumstances of the case, the application is allowed. The petitioner is ordered to be released in case registered against in case FIR No. 26 of 2021 dated 11.09.2021 registered at Police Station, Balh, District Mandi, H.P. under Sections 376 (2) of the Indian Penal Code, on his furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of learned Special Judge, Mandi. The bail is granted to the petitioner, subject to the following conditions:-

i) Petitioner shall make himself available for trial and shall not delay the same.

ii) Petitioner shall not in any manner tamper with the prosecution evidence and also shall not dissuade any person acquainted with the facts of the case from disclosing the same in the Court.

iii) Petitioner shall not leave the country till completion of investigation without express leave of this Court and thereafter till completion of trial, if any, without the express leave of trial Court.

Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made hereinabove.

The petition is disposed of accordingly.

Copy dasti.