Vikram Singh vs State Of Himachal Pradesh
2022 Latest Caselaw 8344 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                      ON THE 10th DAY OF OCTOBER, 2022
                                   BEFORE

               HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA




                                                                                                       .

                     CRIMINAL MISC. PETITION (MAIN) NO.2169 OF 2022
                 Between:-





                 VIKRAM SINGH S/O SH. JAGDISH CHAND,
                 RESIDENT OF VILLAGE & P.O. KANTI MASHWA,
                 TEHSIL KAMRAU, DISTRICT SIRMOUR, H.P.

                                                                                       ...PETITIONER





                 (BY MR. DEEPAK KAUSHAL, ADVOCATE)

                 AND

                 STATE OF HIMACHAL PRADESH
                                                                                       ...RESPONDENT


                 (BY MR. ARVIND SHARMA, ADDL. ADVOCATE GENERAL)
                 (HC DHANVEER SINGH NO.391, P.S. PURUWALA, DISTRICT
                 SIRMOUR, ALONGWITH RECORDS)
                 1
                  WHETHER APPROVED FOR REPORTING? Yes.
                This petition coming on for orders this day, Hon'ble Mr. Justice


    Chander Bhusan Barowalia, passed the following :

                                                            ORDER

The present bail application has been maintained by the

petitioner, under Section 439 of the Code of Criminal Procedure seeking

his release in case FIR No.47/2022 dated 6.4.2022, under Sections 376,

506 of the Indian Penal Code and Section 6 of the Protection from Children

from Sexual Offence Act, 2012, registered at Police Station Puruwala,

District Sirmour, H.P.

2. As per the averments made in the petition, the petitioner is

innocent and has been falsely implicated in the present case. He is

permanent resident of the place and neither in a position to tamper with

the prosecution evidence nor in a position to flee from justice. No fruitful

Whether reporters of Local Papers may be allowed to see the judgment ? Yes.

purpose will be served by keeping him behind the bars for an unlimited

period, so he be released on bail.

3. Police report stands filed. As per the prosecution story, on

.

05.04.2022, the victim made a statement before the police, under Section

154 Cr.P.C, alleging therein that she is studying in 5 th Class and residing

with her parents. She knew the petitioner for the last more than one year

and they started talking and meeting with each other. In the month of

January, 2022, the petitioner telephonically called her to his house at

Gondpur, where he committed rape despite her objection and threatened

to kill her, if she raises an alarm. On the allegations of the

victim/prosecutrix, FIR No.47/2022 dated 6.4.2022, under Sections 376,

506 of the Indian Penal Code and Section 6 of the Protection of Children

from Sexual Offence Act, 2012, was registered at Police Station Puruwala,

District Sirmour, against the petitioner. Lastly, it is prayed that the instant

bail application may be dismissed, as the petitioner has committed a

serious offence and in case, at this stage, he is enlarged on bail, he may

tamper with the prosecution evidence and may also flee from justice, so it

is prayed that the instant bail petition may be dismissed.

4. I have heard the learned counsel for the petitioner, learned

Additional Advocate General for the State and gone through the records,

including the police report, carefully.

5. Learned counsel for the petitioner has argued that the

petitioner is permanent resident of the place and neither in a position to

tamper with the prosecution evidence nor in a position to flee from

justice. He has argued that no fruitful purpose will be served by keeping

him behind the bars for an unlimited period, so the petitioner may be

enlarged on bail by allowing the instant bail petition.

6. On the other hand, learned Additional Advocate General has

argued that the petitioner has committed a serious crime and in case, at

this stage, he is enlarged on bail, he may tamper with the prosecution

.

evidence and may also flee from justice, so it is prayed that the bail

application of the petitioner may be dismissed.

7. In rebuttal, the learned counsel for the petitioner has argued

that the petitioner is permanent resident of the place, neither in a position

to flee from justice nor in a position to tamper with the prosecution

evidence. Investigation is complete and even challan stands presented in

the learned trial Court, so the custody of the petitioner is not at all

required by the police for any purpose. It has been argued that the

petitioner cannot be kept behind the bars for an unlimited period, so the

petitioner may be enlarged on bail by allowing the instant petition.

8. At this stage, considering the facts that the petitioner is

permanent resident of the place, neither in a position to tamper with the

prosecution evidence nor in a position to flee from justice, the

investigation is complete, even challan stands presented in the learned

trial Court, so the custody of the petitioner is not at all required by the

police for any purpose, also considering the facts that the petitioner

cannot be kept behind the bars for an unlimited period, the petitioner is

ready and willing to abide by the terms and conditions of the bail, in case

he is enlarged on bail and also considering the overall facts, which have

come on record and without elaborately discussing the same at this stage,

this Court finds that the present is a fit case where the judicial discretion

to admit the petitioner on bail, is required to be exercised in his favour.

Accordingly, the instant petition is allowed and it is ordered that the

petitioner, in case FIR No. 47/2022 dated 6.4.2022, under Sections 376,

506 of the Indian Penal Code and Section 6 of the Protection of Children

from Sexual Offence Act, 2012, registered at Police Station Puruwala,

District Sirmour, be forthwith released on bail on his furnishing personal

bond to the tune of Rs.50,000/- (rupees fifty thousand only) with one

.

surety in the like amount to the satisfaction of the trial Court. The bail is

granted subject to the following conditions:

i. That the petitioner will appear before the learned Trial Court/police/authorities as and when required.

ii. That the petitioner will not leave India

without prior permission of the Court.

iii. That the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to r dissuade him/her from disclosing such

facts to the Investigating Officer or Court.

9. In view of the above, the petition is disposed of.

10. Needless to say that the observations made hereinabove are

only confined for adjudication of the present case and the same shall

have no bearing on the merits of the main case, which shall be

adjudicated on its own.

Copy dasti.

( Chander Bhusan Barowalia ) Judge

10th October, 2022 (CS)