Himachal Pradesh High Court
Saurav Negi vs State Of Himachal Pradesh on 21 October, 2019
Author: Anoop Chitkara
Bench: Anoop Chitkara
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA .
Cr.MP(M) No.1536/2019 Reserved on : 18.10.2019 Date of Decision: 21st October, 2019 ____________________________________________________________ Saurav Negi ... Petitioner.
Versus State of Himachal Pradesh ...Respondent Coram:
The Hon'ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting?1 No. For the Petitioner : Mr. Virender Thakur and Mr. C.D. Negi, Advocates. For the Respondent : Mr. Ashwani K. Sharma & Mr. Nand Lal Thakur, Additional Advocate Generals and Mr. Narinder Thakur, Deputy Advocate General, for the State.
Anoop Chitkara, Judge The petitioner, who is under arrest, on being arraigned as an accused in FIR number 19/2019 dated 25.7.2019, registered under Sections 306, 376 read with Section 34 of the Indian Penal Code, in the file of Police Station, Tapri, District Kinnaur, H.P., disclosing non-bailable offences, has come up before this Court under Section 439 of the Code of Criminal Procedure, seeking regular bail.1
Whether reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 21/10/2019 20:26:05 :::HCHP
2. The status report stands filed. I have seen the status report(s) as well as the police file, to the extent it was necessary for deciding the .
present petition and the same stands returned to the police official.
FACTS:
3. The gist of the First Information Report and the investigation is as follows:
a) The victim was aged about 40 years, a married lady and having two children, one daughter aged 20 years and a son aged 18 years.
b) On 25.7.2019, complainant Rajinder Kaushik, who is husband of the victim did not find her present at her room and when he searched, then he found a suicide note.
c) The contents of the suicide note stated that she was under a great stress because of a fraud committed upon her. She further stated that she was raped by one Saurav Negi (petitioner) who is resident of Nichar. The suicide note further mentioned that when she confronted him then he threatened her to do away with her life because his mother works in the Police Department. According to the suicide note, the rape was committed on 13.5.2019.
d) Complainant Rajinder Kaushik informed the police that his wife had committed suicide because she was raped.::: Downloaded on - 21/10/2019 20:26:05 :::HCHP
4. I have heard Mr. C.D. Negi, learned Advocate, for the petitioner and Mr. Nand Lal Thakur, learned Additional Advocate General for .
the respondent/State.
REASONING:
(a) Although the scientific evidence by way of handwriting report, proved the said suicide note, to be in the hands of deceased, but the said suicide note also reveals allegations against other people namely Shankar Bhagat Negi, Anuradha, Sangeeta, Santosh, Subhashni, Anita Kumari and Sher Singh.
r Referring to her children, she further stated:- "My dear children, people have leveled false allegations against me and I cannot tolerate such a serious allegation nor can I live with it."
(b) In the investigation, police took call details of accused and the deceased, which shows that 42 times petitioner Saurav Negi had called the victim and on 24 occasions, the victim had called Saurav Negi (petitioner).
(c) Whatever is the ultimate outcome of the allegations cannot be commented at this stage. There is no provision in the Indian Penal Code, 1860 or Code of Criminal Procedure, 1973, which creates a total bar for grant of bail.
(d) The petitioner is in judicial custody since 26.7.2019.
(e) The investigation in the case is complete and report under Section 173 Cr.P.C. is also filed.
::: Downloaded on - 21/10/2019 20:26:05 :::HCHP(f) In the status report, there is no mention of previous criminal history of the bail petitioner.
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(g) The petitioner is a permanent resident of address mentioned in the memo of parties. Therefore, his presence can always be secured.
(h) I am satisfied that no purpose will be served if the bail petitioner is continued in judicial custody.
(i) I am of the considered view that, prima facie, petitioner has made out a case for grant of bail.
5. In the result, the present petition is allowed. The petitioner shall be released on bail in the present case, in connection with the FIR mentioned above, on his furnishing personal bond in the sum of Rs.10,000/-
with one surety in the like amount to the satisfaction of the Trial Court or the Court exercising jurisdiction over the concerned Police Station where FIR is registered. The learned counsel for the accused as well as the attesting person shall explain the conditions of this bail to the petitioner.
6. This Court is granting the bail subject to the conditions mentioned in this order. The petitioner undertakes to comply with all the directions given in this order and the furnishing of bail bonds by the petitioner in acceptance of all such conditions:
a) The petitioner shall neither influence nor try to control the investigating officer in any manner whatsoever.
b) The petitioner undertakes not to make any inducement threat or promise, directly or indirectly, to the investigating officer or any ::: Downloaded on - 21/10/2019 20:26:05 :::HCHP person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or tamper with the evidence.
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c) The petitioner undertakes not to contact the complainant and witnesses to threaten or browbeat them or to use any pressure tactics.
d) The petitioner undertakes to attend the trial.
e) The petitioner shall either sell or deposit all the fire arms alongwith ammunition and arms licences, if taken, before the concerned authorities within 30 days from today.
7. It is clarified that the present bail order is only with respect to the above mentioned FIR. It shall not be construed to be a blanket order of bail in all other cases, if any, registered against the Petitioner.
8. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.
Petition stands allowed in the aforesaid terms.
Copy dasti.
(Anoop Chitkara) Judge 21st October, 2019 (KS) ::: Downloaded on - 21/10/2019 20:26:05 :::HCHP