Manthan Sahonta Son Of Sh vs Through Secretary (Home)
2021 Latest Caselaw 5443 HP

      IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                              .
                  ON THE 27th DAY OF NOVEMBER, 2021





                           BEFORE
             HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





           CRIMINAL MISC. PETITION (MAIN) No. 2020 of 2021

    Between:-





    MANTHAN SAHONTA SON OF SH.
    MANOJ KUMAR AGED 22 YEARS,
    RESIDENT OF MOHALLA WARD
    NO.3, POST OFFICE YOL CANTT.
    TEHSIL DHARAMSHALA DISTRICT
    KANGRA, H.P.


                                                 ........ PETITIONER.

    ( BY MR. NITIN THAKUR, ADVOCATE)



    AND

    STATE OF HIMACHAL PRADESH




    THROUGH  SECRETARY  (HOME)
    SHIMLA.





                                                 .....RESPONDENT

    (MR. HEMANT VAID, ADDITIONAL ADVOCATE





    GENERAL)

    Whether approved for reporting?

     These petitions coming on for order this day, the Court passed the
    following:-
                             ORDER

Petitioner has approached this Court seeking bail in case

FIR No. 16 of 2021 dated 14.10.2021, registered in Woman Police

Station, Dharamshala, District Kangra, H.P. under Sections 376, 354-

.

D of Indian Penal Code (IPC).

2. Status report stands filed. Record was also produced

and after perusal, the same was returned with a direction to the

learned Additional Advocate General to retain the photocopies of the

relevant documents.

3.

Prosecution case is that victim had approached Woman

Police Station with a complaint stating therein that petitioner was

indulging in teasing, chasing and violating the person of the victim as

well as blackmailing her and demanding money from her.

4. As per complaint, victim is resident of village Bounta Post

Office Rampur Keonthal, District Shimla but was residing in the house

of Ankit Kumar near Gupt Ganga Road, Kangra in a rented

accommodation. According to victim, she got acquainted with the

petitioner in the year 2016 in Poly Technic College, Paonta Sahib and

they were good friends till 2019. In January, 2021, she came to

Kangra and thereafter petitioner had developed physical relations with

her forcibly and he had been threatening her that he will defame her in

the society and would also disclose it to her family. Further that by

torturing her petitioner used to extort money from her which was being

paid by her through Paytm mobile number 75910-35124. It is also

alleged in the complaint that on 23.9.2021 at about 6.50 evening,

petitioner called the victim and demanded Rs.50,000/- with threat that

.

in case of non-payment, he will disclose everything to her family

members and will also leak her nude photographs amongst her

friends. It is case of the victim that petitioner had been blackmailing

her for physical relation for long and on 12.10.2021 when she was

staying in Hotel Yatrika at Kangra, petitioner had come there but the

Hotelier did not disclose about her to him, and that in August, 2021

petitioner had forcibly violated her in rented accommodation near

Baba Parking, Kangra.

5. Lastly, it has been stated in status report that victim had

paid Rs.1,50,000/- to the petitioner.

6. On the basis of the aforesaid complaint, FIR was

registered and investigation was carried out.

7. In the meanwhile, petitioner approached this Court by

filing the present petition alongwith one Ikrarnama reduced into writing

between the victim and father of the petitioner, wherein it is stated that

victim is resident of Shimla and both families are having cordial

relations and victim intends to live in the house of the petitioner in live-

in relationship without any pressure and in this regard parents and

brother of the victim have no objection. It is also stated in the

Ikrarnama that parents and brother of the victim had lodged a

complaint against petitioner in Police Post, Lakkar Bazar on 30.3.2019

alleging therein that petitioner had kidnapped/abducted the victim,

.

whereupon, the petitioner was called by the Police in Police

Chowki/Police Station but victim had returned home and thereafter

matter was resolved between the families. Victim expressed her desire

to live in the house of the petitioner for which parents of the victim had

no objection. Certain conditions were also incorporated in this

Ikrarnama, like that victim shall keep on maintaining harmonious

atmosphere in the family and in case of any complaint or

misunderstanding the issue shall be resolved by sitting together with

love and affection and in case victim would desire to live in rented

accommodation then she have to give in writing so as to save the

petitioner and his father from any legal action and in case she would

intend to return her parents then also she would give in writing. Lastly,

it is stated in the Ikrarnama that this written agreement has been

communicated to the parents of the victim as well as administration.

This agreement has been signed by the victim as well as father of the

petitioner.

8. With respect to the allegations of extorting money from

the victim by the petitioner, learned counsel for the petitioner has

submitted that as per instructions imparted to him, the victim was not

using her own ATM and has been receiving huge money from Abroad

in mysterious circumstances and as the petitioner was having good

relations with her, she had been routing this amount by transferring

.

money in petitioner's account and in turn, after withdrawing it,

petitioner had been handing over the same to the victim.

9. As per status report, on verification of the account of the

victim as well as petitioner it has been found that victim has received

Rs. 1,67,925.76 from abroad and a sum of Rs. 1,74,663 has been

transferred to the account of the petitioner and victim has explained

that a person namely Robert Zveritae resident of California working in

construction company is her online Face Book friend and he used to

send amount to her online from abroad.

10. Learned Additional Advocate General has submitted that

petitioner has committed a heinous rime against a woman and

therefore, he is not entitled for bail whereas learned counsel for the

petitioner has submitted that entire material on record indicates that

the conduct of the victim is suspicious and thus her version is not

believable.

11. Without commenting upon the merits of the case, but

taking into consideration the entire facts and circumstance of the case

and also taking note of the parameters and factors required to be

considered, at the time of considering bail application, I am of the

considered view that this is a fit case for enlarging the petitioner on

bail, at this stage.

12. Accordingly, petition is allowed and petitioner is ordered

.

to be released on bail in case FIR No.16 of 2021 dated 14.10.2021,

registered in Woman Police Station, Dharmshala, on his furnishing

personal bond in the sum of Rs.50,000/- with one surety in the like

amount to the satisfaction of the trial Court, within two weeks from

today, upon such further conditions as may be deemed fit and proper

by the trial Court, including the conditions enumerated hereinafter, so

as to ensure presence of petitioner/accused at the time of trial:-

(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;

(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

disclosing such facts to Court or to any police officer or

tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution

witnesses;

(iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse his liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that in case petitioner indulge in repetition of similar

.

offence(s) then, his bail shall be liable to be cancelled on

taking appropriate steps by prosecution; and

(viii) that the petitioner shall not leave the territory of India

without prior permission of the Court.

(ix) that the petitioner shall inform the Police/Court his contact number and shall keep on informing about

change in address and contact number, if any, in future.

13. It will be open to the prosecution to apply for imposing

and/or to the trial Court to impose any other condition on the petitioner

as deemed necessary in the facts and circumstances of the case and

in the interest of justice and thereupon, it will also be open to the trial

Court to impose any other or further condition on the petitioner as it

may deem necessary in the interest of justice.

14. In case the petitioner violates any condition imposed upon

him, his bail shall be liable to be cancelled. In such eventuality,

prosecution may approach the competent Court of law for cancellation

of bail, in accordance with law.

15. Trial Court is directed to comply with the directions issued

by the High Court, vide communication No.HHC.VIG./Misc.

Instructions/93-IV.7139 dated 18.03.2013.

16. Observations made in this petition hereinbefore, shall not

.

affect the merits of the case in any manner and are strictly confined for

the disposal of the bail application.

17. Petition is disposed of in aforesaid terms.

Copy dasti.

Petitioner is permitted to produce a copy of this judgment,

downloaded from the web-page of the High Court of Himachal

Pradesh, before the authorities concerned, and the said authorities

shall not insist for production of a certified copy.

    27th November, 2021                               (Vivek Singh Thakur),
       (priti)                                              Judge.