Himachal Pradesh High Court

Madan Lal vs State Of H.P on 2 May, 2024

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                Cr.M.P.(M) No. 624 of 2024
                                               Date of Decision: 02.05.2024




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         Madan Lal                                                           ...Petitioner...
                                           Versus
         State of H.P.                                                   .....Respondent...





        Coram
        Hon'ble Mr. Justice Bipin Chander Negi, Judge.
        Whether approved for reporting?1

        For the petitioner:                Mr. Parveen Chauhan, Advocate.





       For the respondent:      Mr. R.P.Singh, Deputy Advocate
                                General.
    4._________________________________________________________
       Bipin Chander Negi, Judge (oral)

The present application has been filed by the petitioner

under Section 438 of the Code of Criminal Procedure, seeking

release on bail in connection with FIR No. 43 of 2024 dated

28.03.2024, under Sections 354, 354 A IPC & 12 POCSO Act.,

registered at Police Station, Chowari, District Chamba, H.P.

2. Brief facts giving rise to the case at hand are that FIR, in

case at hand was registered on 28.02.2024. The same pertains

to an incident dated 17.02.2024. At the time of occurrence of the

incident, the victim was a student of +2 Class at Govt. Senior

Secondary School, Sahla, District Chamba, H.P. The bail-

petitioner was on the date of incident working as a Lecturer in

English in the same School i.e. Govt. Senior Secondary School,

Sahla, District Chamba, H.P.

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

3. On 17.02.2024, a farewell party had been organized for

outgoing students. Once the farewell party came to an end

photographs were being clicked by the students with their

respective Teachers. The specific allegation of the victim, in the

case at hand, is that the present bail-petitioner while taking

photograph with the victim had caught the victim by her waist

and had pulled her towards himself. The date of birth of the

victim is 19.11.2007.

4. to The victim, in the case at hand, had made a complainant

qua the aforesaid episode dated 17.02.2024 on 23.03.2024. The

victim had made a complaint to the Principal of her School. In

pursuance of the complaint, so filed, a detailed reply thereto was

filed by the present bail-petitioner. The complaint, so made, by

the victim is appended alongwith the petition as Annexure P-1

and reply filed thereto by the bail-petitioner has also been

appended as Annexure P-2.

5. From a perusal of the reply, it is evident that the bail-

petitioner had been appointed as a Senior Superintendent in the

Board-Examination, which had commenced on 01.03.2024.

During the Board-Examination, the present bail-petitioner had

stopped the victim from cheating at the examination. Besides

stopping the victim from cheating at the examination, the victim

has also been scolded by the present bail-petitioner. The exam

came to end on 21.03.2024. The complaint for the first time, with

respect to the incident occurred on 17.02.2024, was made on

23.03.2024.

6. At the time of deciding the bail petition, a detailed

discussion of evidence so collected and produced by the

prosecution is to be avoided as it may cause prejudice to the

case of the prosecution or to the case of the accused (bail

petitioner). The facts herein above have only been noticed to

assess the gravity, seriousness of allegations made out against

the bail petitioner and as to whether the bail-petitioner in the

facts and attending circumstances is being harassed or

humiliated to satisfy a personal grudge.

7. At this juncture, reference is made to a judgment reported

in (2010) 1 SCC 679, titled HDFC Bank Ltd. vs. J.J. Mannan @

J.M John Paul and another. The relevant extract of the same is

reproduced herein below for a ready reference:

"19. The object of Section 438 Cr.P.C. has been repeatedly explained by this Court and the High Courts to mean that a person should not be harassed or humiliated in order to satisfy the grudge or personal vendetta of the complainant."

8. Besides the aforesaid, from the accusation that are

levelled, it can be seen that prima facie there is no case of any

sexual harassment as it is not the case of the prosecution that

the applicant held her waist with any sexual intent. There is no

sexual intent indicated from the statement of the victim girl.

9. Even otherwise by virtue of Section 29 presumption is

created qua an offence having been committed under Sections

5,7,9 of the POCSO but no such presumption is created qua an

offence committed under Section 12 of the POCSO Act. In the

case at hand offence is alleged to have been committed is under

Section 12 of the POCSO Act.

10. to Presently, bail-petitioner has been transferred in the office

of Deputy Director of Elementary Education at Chamba. Hence,

there is no occasion for the bail-petitioner to intimidate the

complainant/witnesses in the case at hand. In any case, the bail

petitioner can be put to terms for the purpose of safe, secure

and un-obsructed completion of trial. Bail petitioner is permanent

resident of VPO Chowari, Tehsil Bhattiyat, District Chamba, H.P.

and the respondent-State has not expressed any apprehension

of the petitioner fleeing from justice. He has no past criminal

antecedents. There is no possibility of flight risk of the petitioner.

11. Accordingly, present petition is allowed and interim bail

granted on 01.04.2024 is confirmed, subject to the conditions

enumerated herein below, so as to ensure the 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 indulges in repetition of similar offence(s) then, his bail shall be liable to be cancelled on taking appropriate steps by prosecution;

(Viii) That the petitioner shall not leave the territory of India without prior permission;

(ix) The petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(x) 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.

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

13. 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.

14. Observations made in this petition hereinbefore, shall not

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