Harvinder Singh vs State Of Himachal Pradesh
2021 Latest Caselaw 1040 HP

          IN THE HIGH COURT OF HIMACHAL PRADESH
                         SHIMLA

                                                           Cr.M.P(M) No. 279 of 2021




                                                                                .

                                                           Decided on : 10.2.2021

    Harvinder Singh                                                                 .....Petitioner.





                                                 Versus
    State of Himachal Pradesh                                                  ....Respondent.
    Coram:
    Ms. Jyotsna Rewal Dua, Vacation Judge.

    Whether approved for reporting?1

    For the Petitioner:
                           r                 to   Mr. Surender K Sharma, Advocate.

    For the Respondent-State: Mr. Hemant Vaid,                                            Additional
                              Advocate General.

                                                  (Through video conferencing).



    Jyotsna Rewal Dua, J (oral)

The petitioner is accused of establishing physical

relations with the prosecutrix by obtaining her consent under

false promise to marry her. FIR No. 23/21 dated 1.2.2021

under Sections 376, 417, 504, 506 and 509 of Indian Penal

Code was registered in this regard against the petitioner at

police Station Sadar Shimla, District Shimla, Himachal

Pradesh. By means of present petition, prayer for enlargement

on bail has been made.

Whether reporters of the local papers may be allowed to see the judgment?

...2...

2. Heard learned counsel for the parties.

.

3. The prosecution case against the petitioner is that

on 3.6.2016 the petitioner along with family of the cousin of

the prosecutrix visited the latter's house at Shimla. Some

talks were held regarding the marriage of two. The petitioner

stayed in the home of the prosecutrix for few days during

which, both of them enjoyed each other's company in different

areas of Shimla. The petitioner again visited Shimla in the

last week of June, 2016 and allegedly established physical

relations with the prosecutrix in a hotel. This was statedly

against the wishes of the prosecutrix and under a promise to

marry her, extended by the petitioner. The situation continued

like this for some time. In 2017, the prosecutrix shifted to

Patiala i.e the place where the petitioner also worked. There

also, physical relations were maintained by the couple. In

2017 the prosecutrix came to know about the fact that the

petitioner was already married. The petitioner continued to

ravish her under the false pretext that a divorce petition filed

by him against his wife was pending adjudication and after

...3...

the decision of same, he will solemnize marriage with her.

.

Despite repeated requests of the complainant, the petitioner

did not marry her, rather started making excuses to avoid her.

It is against this backdrop that the instant FIR was registered

on the complaint of the prosecutrix on 1.2.2021.

4. Learned counsel for the petitioner submits that the

petitioner is innocent and has not committed the offences

alleged against him. He has joined the investigation and is

cooperating with the investigating agency. Learned counsel

further prays for making the interim order dated 5.2.2021

absolute and submits that the petitioner will abide by all the

conditions which may be imposed upon him in case interim

order dated 5.2.2021 is made absolute. Learned Additional

Advocate General submits that in case the Court is inclined to

confirm the interim protection then the same be made subject

to stringent conditions.

5. Status report reveals that incidents alleged in the

FIR pertain to the years 2016-2018. The prosecutrix allegedly

became aware of the marriage of the petitioner in 2017. Even

...4...

thereafter she allegedly allowed the petitioner to have physical

.

relations with her. Instant FIR was registered by her only on

1.2.2021. The prosecutrix is a lady aged 32 years. She has

statedly been working in a beauty parlour and appears to be

sufficiently mature. Status report does not reveal any criminal

antecedents of the petitioner. The status report also records

the fact that the petitioner has joined the investigation

pursuant to order dated 5.2.2021 and is cooperating with the

investigating agency. There is no allegation that the petitioner

has tempered with the prosecution evidence or tried to

influence the prosecution witnesses. In view of nature of

allegations levered against the petitioner the mode and

manner in which the offences are stated to have been

committed, custodial interrogation of the petitioner is not

required. At this stage, guilt of the petitioner if any, is yet to

be proved. In the facts and circumstances of the case, no

purpose will be served by putting the petitioner behind the

bars. Therefore, the instant petition is allowed and the interim

...5...

protection granted to the petitioner vide order dated 5.2.2021

.

is made absolute subject to following conditions:-

(i) The petitioner shall join and cooperate the

investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii) The petitioner shall not temper with the

evidence or hamper the investigation in any manner whatsoever.

(iii) The petitioner will not leave India without

prior permission of the Court.

(iv) The petitioner shall not contact the complainant or her family members or threaten or

browbeat them or to use any pressure tactics.

(v) The 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.

(vi) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vii) The 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

...6...

weeks thereafter. Petitioner shall furnished details

.

of his Aadhar card, telephone number, E-Mail,

PAN Card, Bank Account Number, if any.

In case of violation of any of the terms and

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.

    10th February, 2021                         Jyotsna Rewal Dua
    (priti)                                     Vacation Judge.