Himachal Pradesh High Court

Raghubir Singh vs Of on 1 January, 2024

Author: Virender Singh

Bench: Virender Singh

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) Nos. 3049, 3050 and 3051 of 2023

                                                 Reserved on: 22.12.2023





                                                 Decided on : 01.01.2024
                             Cr.M.P(M) No. 3049 of 2023





    Raghubir Singh                                                        ...Applicant

                                            Versus




                                                of
    State of Himachal Pradesh                                           ...Respondent

                             Cr.M.P(M) No. 3050 of 2023
                      rt

    Gurvinder Singh                                                       ...Applicant

                                            Versus

    State of Himachal Pradesh                                           ...Respondent








    Jagar Singh                                                            ...Applicant





                                            Versus





    State of Himachal Pradesh                                           ...Respondent


    Coram

The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1

Whether Reporters of local papers may be allowed to see the judgment? Yes.

For the applicants : Mr. Ashok K. Tyagi and Ms. Divya Rajta, Advocates.

For the respondent : Mr. Tejasvi Sharma, Addl. A.G with Mr. Mohinder Zharaick, Addl. A.G

and Ms. Leena Guleria, Dy. A.G

assisted by Inspector Ranjeet Singh, SIT Nahan.

Mr. Ajay Kumar Dhiman, Advocate for the victim/victim.

Virender Singh, Judge.

of The above named applicants have filed these

applications, under Section 438 of the Code of Criminal rt Procedure (hereinafter referred to as 'Cr.PC'), apprehending

their arrest, in case FIR No. 18 of 2023, dated 15.11.2023,

registered under Sections 376D, 506, 509, 384, 354A&D of

the Indian Penal Code (hereinafter referred to as 'IPC') and

Sections 67 and 67A of the Information and Technology Act

(hereinafter referred to as 'I.T. Act'), registered with Women

Police Station, Nahan, District Sirmaur, H.P. By way of

these applications, the applicants have sought the

indulgence of this Court to direct the I.O/Police of Women

Police Station, Nahan, to release them on bail, in the event

of their arrest, in the above mentioned case/FIR.

2. According to the applicants, they are innocent

persons and have falsely been implicated, in this case, at

the instance of complainant.

3. It is their further case that all the applicants, as

well as, the complainant are residents of the same area

and well known to each other. The complainant had made

of a similar complaint in the month of August, 2023 against

applicant Jagar Singh, however, the said complaint was

later on withdrawn, after compromising the matter with rt applicant Jagar Singh. The said matter is stated to be

compromised by putting applicant Jagar Singh under

pressure and money has also been taken from him.

4. It is their further case that the complainant has

filed a complaint with a malafide intention to grab money

from the applicants.

5. Another ground, upon which, the relief has

been sought is that there is unexplained delay in lodging

the FIR.

6. It is the further case of the applicants that their

co-accused Deep Singh @ Papu and Joginder Singh has

been released on interim bail by the Court of learned

Special Judge, Fast Track Court, Rape/POCSO, Nahan

vide order dated 12.12.2023. The said orders were passed

by the learned Special Judge, Nahan under Section 438

Cr.P.C.

7. On the basis of above facts, certain

undertakings have been given on behalf of applicants, for

which, the applicants are ready to abide by, in case, any

of direction is issued to the police/I.O., under Section 438

Cr.P.C.

8. When put to notice, the police has filed the rt status report on 06.12.2023, disclosing therein, that the

victim moved a complaint to the Superintendent of Police,

which was forwarded to the Police Station for registration

of FIR.

8.1. As per complaint, it has been alleged by the

victim that she was married in the year 2003 and has been

blessed with three children. The elder one is 18 years old,

whereas, others are 15 and 12 years old, respectively. All

are students. She has further alleged that she, her

husband and in-laws are religious persons and used to pay

their obeisance in Dashmesh Asthaan Gurudwara, Nahan

For the services rendered by her husband, he was also

honoured by the State, as well as, by many institutions.

8.2. She has further mentioned in the complaint

that one Ranjeet Singh @ Monu, used to impart training of

'Gatka' (Sikh martial art) in the Gurudwara. Said Ranjeet

Singh has requested the husband of the victim to send her

children to Akhara Dashmesh to learn 'Gatka'.

Continuously, for the last 10 years, the victim and her

of husband were sending their sons for the said training.

Said Ranjeet Singh has also disclosed that in his absence,

Jagar Singh (applicant) and Munder Singh also used to rt impart training. Said Ranjeet Singh has also formed a

whatsapp group by adding the numbers of all the parents,

whose children used to learn the said martial art.

8.3. In the month of November, 2021, the victim

received a call from Jagar Singh (applicant), disclosing

therein, that in the mobile phone of his son, few

photographs are there, in which, her son is being depicted

with one girl. Applicant Jagar Singh has also directed the

victim to meet him all alone in the Langar hall of the

Gurudwara and in case, she would not come, then, he

threatened her to report the matter to the police and

Pradhan of the Gurudwara, as such, will spoil the future of

son of victim. Applicant Jagar Singh has also cautioned

her not to disclose this fact to her husband.

8.4. Acting upon the said threat, the victim had

gone all alone to meet applicant Jagar Singh in the hall,

which is in the ground floor of the Gurudwara. As soon as

she reached there, applicant Jagar Singh was there. He

of was all alone. He has shown his mobile phone to her. The

phone was shown on the pretext of showing photographs of

the son of the victim with one girl in an objectionable rt condition. At that time, applicant Jagar Singh put his

hand on the mouth of the victim and he had taken out his

Kirpan (sacred sword) and threatened her to move towards

bathroom. Under the threat of said Kirpan, the victim was

raped. He has also threatened her that in case, she will

disclose this fact to anyone, he will kill her husband and

children. While leaving from there, he has apprised the

victim that he is having no objectionable photographs of

her son.

8.5. According to the victim, applicant Jagar Singh

has also threatened her that he has concealed a mobile

phone in the washroom and clicked her obscene

photographs. Due to this fact, the victim, as per her

version, could not disclose this fact to anyone. She was

apprehending that he may not make his photographs and

video viral. She has further deposed that the said person

on the pretext of said photographs/video, used to exploit

her mentally and physically.

8.6. Not only this, applicant Jagar Singh has also

of demanded money from the victim and she has paid a sum

of Rs.70,00-80,000/-, after borrowing the same as loan.

The amount was given on the pretext that he could not rt make her photographs/video viral. He has forwarded the

said video to Gunder Singh, Papu Singh and Joginder

Singh. The above said persons, on the basis of said video,

used to harass her physically and mentally.

8.7. It is her further case that when, she inquired

from applicant Jagar Singh as to why he is not deleting the

video, despite the fact that she has made the payment, the

said person directed her to have physical relations with his

companion and brothers and also threatened to defame her

in the society. The above said persons called her and used

to rape her in the bathroom.

8.8. It is her further case that on 14/15.10.2023,

applicant Jagar Singh called her from mobile No. 70185-

82586, which belongs to applicant Raghubir Singh, and

directed the victim to come to meet him on the pretext that

he is having her video/photographs, upon which, the

victim has refused to applicants Jagar Singh and Raghubir

Singh, then, both of them disclosed her that Papu Deep

Singh is also having video/photographs in his mobile No.

of 97365-90378. When, the victim disclosed these facts to

her husband, then, he called his family members and the

above persons had tendered a written apology, but, despite rt this fact, they used to threaten and eliminate her family

members.

9. On the basis of above facts, the police registered

the FIR and criminal machinery swung into motion.

10. On 15.11.2023, the victim was got medico

legally examined at Dr. Y.S. Parmar Government Medical

College/Hospital, Nahan.

11. On 16.11.2023, the victim appeared before the

police along-with her brother and produced the pen drive

having obscene video and four screen shots, which was

taken into possession.

12. It is further case of the victim that when, the

said pen drive was played, the face of the victim was clearly

visible, but the male shown in the said video, could not be

identified.

13. On the basis of above facts, provisions of

Section 67 of the I.T. Act were added in this case. On

16.11.2023, further investigation of the case was entrusted

to Inspector Ranjeet Singh, Incharge, SIT.

14. On 17.11.2023, correspondence with regard to

obtain CDRs and consumer applications forms of mobile

phones of Jagar Singh, Raghubir Singh, Deep Singh and rt Gunder Singh, was made.

15. On 18.11.2023, the victim was produced before

the Court of learned Additional Chief Judicial Magistrate,

Court No.1, Paonta Sahib, where, her statement under

Section 164 Cr.P.C was recorded.

16. On 19.11.2023, the victim has produced the

original compromise dated 22.10.2023, which was taken

into possession. Thereafter, the provisions of Sections

354A&D IPC were also added, in this case.

17. On the basis of above status report, interim

protection was granted to the applicants on 06.12.2023.

Thereafter, the matter was adjourned on various dates.

18. On 18.12.2023, Mr. Arun Kumar, Advocate has

appeared for the victim/victim.

19. As per supplementary status report filed

thereafter, it has transpired that the applicants have joined

the investigation, however, in the status report, filed on

12.12.2023, it has been apprehended that the applicants

of are not co-operating with the investigation and due to this

act of the applicants, there is resentment in the society.

20. Apart from this, the police has also expressed rt apprehensions that in case, the interim orders are made

absolute, in that situation, the applicants may coerce the

witnesses and allure them to depose in their favour.

21. In the status report filed on 22.12.2023, it has

been mentioned that the victim has moved a complaint on

11.12.2023, in which, she has mentioned that the accused

threatened her to kill. It has also been mentioned in the

status report that applicant Raghubir Singh, after getting

the interim protection from this Court, had threatened the

victim, her brother, as well as, her husband, as such, on

20.12.2023, on the statement of the victim, her brother

and her husband, FIR No. 22/2023 dated 20.12.2023,

under Sections 341 and 506 IPC with Women Police

Station, Nahan was registered.

22. On the basis of above facts, a prayer has been

made to dismiss the applications.

23. In this case, it has not been disputed that

applications moved under Section 438 Cr.P.C moved by co-

of accused Deep Singh @ Papu and Joginder Singh have been

allowed by the Court of learned Special Judge, Fast Track

Court, Rape/POCSO, Nahan vide order dated 12.12.2023.

24. Learned Additional Advocate General could not

point out as to why the relief, which has already been

granted to the co-accused, should not be given to the

applicants.

25. So far as the registration of FIR No. 22/2023

dated 20.12.2023, under Sections 341 and 506 IPC with

Women Police Station, Nahan is concerned, merely on the

basis of registration of FIR, it cannot be inferred that the

allegations which have been levelled in this case, are

having any bearing upon the merits of the case.

26. Although, it has been argued by learned

counsel for the applicants that there is unexplained delay

in lodging the FIR is concerned, the said fact is liable to be

considered by the learned trial Court, when the evidence

will be recorded before it. However, considering the said

fact in the light of other facts, according to which, the

applicants have joined the investigation and the role

allegedly played by them are similar to the role, which has

been attributed to the other two accused, whose

of applications have been allowed by the learned trial Court,

this Court is of the view that these applications deserve to

be allowed, which have been filed, for the same relief, in rt this case, by confirming interim order dated 06.12.2023.

27. So far as the apprehensions, which have been

expressed by the police in the status report are concerned,

for those apprehensions, reasonable conditions, can be

imposed, in case, interim order is made absolute.

28. At the time of deciding the bail application, the

detailed discussions with regard to merits and de-merits of

the evidence adduced by the prosecution, should be

avoided as it will cause prejudice to the case of

prosecution, as well as, to the accused.

29. The applicants are permanent residents of

Nahan, District Sirmaur and trial of the case will take

sufficient long time. Considering the fact that no other

criminal history of the applicants has been argued or

mentioned, in the status report, this Court is of the view

that the police is not able to make out a case for custodial

interrogation of the applicants. As such, interim orders

dated 06.12.2023 are liable to be made absolute.

30. Considering all these facts, this Court is of the

of opinion that the relief, which has been granted to the

applicants, vide orders, dated 6th December, 2023, is liable

to be confirmed. Consequently, interim orders, dated 6th rt December, 2023, are made absolute. Therefore, it is

ordered that the applicants be released on bail, in the

event of their arrest, in case FIR No. 18 of 2023, dated

15.11.2023, registered under Sections 376D, 506, 509,

384, 354A&D IPC and Sections 67 and 67A of I.T. Act, on

their furnishing personal bond, to the tune of ₹50,000/-,

with one surety of the like amount, to the satisfaction of

the Investigating Officer. The bail is granted, subject to the

following conditions:

a) That the applicants will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;

b) That the applicants will not leave India, without prior permission of the Court;

c) That the applicant wills 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/her from disclosing such facts to the Investigating Officer or

.

the Court; and

d) That the applicants shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek

exemption from appearance by filing appropriate application;

31. Any of the observations, made hereinabove,

of shall not be taken as an expression of opinion, on the

merits of the case, as these observations, are confined, rt only, to the disposal of the present bail applications.

32. The applicants are directed to move regular bail

applications, when charge sheet will be filed in the

competent Court of law.

33. It is made clear that the respondent-State is at

liberty to move an appropriate application, in case, any of

the bail conditions, is found violated by the applicants.