Himachal Pradesh High Court
Prakash vs State Of H.P on 24 November, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr.MP(M) No. 2462 of 2022
Date of Decision 24th Nov., 2022
________________________________________________________
Prakash ...Petitioner
Versus
State of H.P.
Coram
r to ....Respondent
The Hon'ble Mr. Justice Vivek Singh Thakur, J.
Whether approved for reporting?
______________________________________________________________ For the Petitioner: Mr. Tek Chand, Advocate.
For the Respondent: Ms. Seema Sharma, Deputy Advocate General.
__________________________________________________________________ Vivek Singh Thakur, J.
Petitioner has approached this Court, invoking provisions of Section 438 of Code of Criminal Procedure (in short 'Cr.PC'), seeking bail in case FIR No. 155 of 2022 dated 11.11.2022, registered under Section 376 of Indian Penal Code (in short 'IPC') and Section 6 of Protection of Children from Sexual Offences Act (in short 'POCSO Act') in Police Station Purbala, District Sirmaur H.P. ::: Downloaded on - 24/11/2022 20:34:46 :::CIS 2 2 As per status report, one Dalip Singh on 9.11.2022 made a complaint to Superintendent of Police of District Sirmaur .
alleging that petitioner was keeping a minor girl ('X') with him since last one year and on making two complaints to Child Helpline, team had visited twice in the house of Prakash as well as father of 'X' but father of 'X' and petitioner Prakash concealed the minor girl and it was alleged in complaint that both families i.e. families of petitioner as well as girl 'X' were involved in exploitation of minor girl.
3. To verify the facts, the police from Police Station Renukaji visited the house of Prakash, and after recording statement of prosecutrix under Section 154 Cr.PC approached Police Station Puruwala and on the basis of this statement, FIR in present case has been registered.
4 In her statement, 'X' has stated that after failing in passing 9th Class examination, 3-4 years ago, she left the school and her date of birth is 28.10.2004 and she has completed 18 years on 28.10.2022 whereas she is married with petitioner Prakash on 25.10.2022 in Shiv Kando temple, and this marriage is solemnized with consent of parents of both sides and further that sister of Prakash is married to son of her uncle (Taya) and due to this relation, Prakash was in visiting terms in her parental house and she had also come along with Prakash to his house ::: Downloaded on - 24/11/2022 20:34:46 :::CIS 3 and during this time, Dalip Singh had made a complaint that she was residing with Prakash without marriage but this complaint .
was found false as she did not go to the house of Prakash since then and during their affairs, physical relations were developed with consent and at the time of recording her statement, she was pregnant.
5 It has been further stated in status report that prosecutrix gave birth to a male child on 12.11.2022 but he was not well and, therefore, he was taken to hospital at Renukaji and then to Nahan and there from he was referred to PGI Chandigarh where he died during treatment on 13.11.2022.
6 In aforesaid circumstances, an FIR has been registered on the basis of statement of 'X' against the petitioner who is husband of 'X'. After registration of FIR, statement of 'X' has also been recorded under Section 161 Cr.PC wherein she has stated that she solemnized the marriage with Prakash on completion of 18 years of age and she was in relations with petitioner since last six months and thereafter, she married with him in the house with her consent and consent of parents. All were happy with this relation. She has further stated that she intends to live with Prakash for entire life and she was not having any physical relations with him before marriage and further that now she has been married and she wishes to live with petitioner.
::: Downloaded on - 24/11/2022 20:34:46 :::CIS 47 After availing pre-arrest bail from this Court, petitioner has joined the investigation. 'X' has also refused to .
undergo medical examination and this fact has also been reflected by Medical Officer in Medico Legal Certificate. During investigation, photocopies of Marriage Registration Certificate and Parivar Register have also been taken which indicate that 'X' has been recorded on 5.11.2022, as wife of Prakash in the record of Gram Panchayat Kodga.
8. It has been further stated in status report that about 6-7 months ago, engagement of Prakash and 'X' was settled and since then, Prakash was visiting the house of parents of 'X' and during that time, they developed physical relations as at that time 'X' was minor, therefore, it has been found that petitioner has committed the case under Section 376 IPC and POCSO Act.
9. Learned counsel for petitioner has submitted that in present case, provisions meant for protection of girl are going to have adverse impact on her entire life and further that keeping in view the statement made by 'X' under Section 164 Cr.PC, at this stage, petitioner is entitled to be enlarged on bail.
10. Without commenting upon the merits of case, taking into consideration the aforesaid facts and circumstances of the case, and also taking note of the factors and parameters, required to be considered at the time of adjudication of bail ::: Downloaded on - 24/11/2022 20:34:46 :::CIS 5 application, as propounded in various pronouncements of the Courts, I am of the opinion that it would be in the interest of .
justice to enlarge the petitioner on bail at this stage.
11 Accordingly, petitioner is ordered to be enlarged on bail, at this stage, subject to furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of trial Court within a period of two weeks from today and also subject to any further conditions to be imposed by trial Court for ensuring his presence during trial including the following further conditions:-
(i) That the petitioner shall make himself available during the investigation as well as trial on each and every date as and when required;
(iii) 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/her from disclosing such facts to Court or to any police officer or tamper with the evidence. She shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;
(iv) That the petitioner shall not obstruct the smooth progress of the investigation as well as trial;::: Downloaded on - 24/11/2022 20:34:46 :::CIS 6
(v) That the petitioner shall not jump over the bail and shall inform, in writing, regarding change of address, land line .
number and/or mobile number, if any, in advance, to concerned Police Station;
(vi) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which she is suspected;
(vii) In the event of repetition of commission of offence, bail granted in r present case shall be liable to be cancelled on taking appropriate steps by prosecution/police;
(viii) That the petitioner shall not leave India without prior permission of Court;
(ix) That petitioner shall not misuse his liberty in any manner.
12 It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also be open to the trial Court/Magistrate 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 ::: Downloaded on - 24/11/2022 20:34:46 :::CIS 7 eventuality, prosecution may approach the competent Court of law for cancellation of bail in accordance with law.
.
14 Learned 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 18.3.2013.
15 Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 438 of Code of Criminal Procedure 1973.
The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, they may verify the order from the High Court website or otherwise.
Petition stands disposed of.
November 24, 2022 (Vivek Singh Thakur)
(ms) Judge
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