Himachal Pradesh High Court
Sanjay Kumar vs State Of Himachal Pradesh on 23 September, 2020
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr.M.P(M) No.528 of 2020
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Date of Decision: September 23, 2020
Sanjay Kumar ...Petitioner.
Versus
State of Himachal Pradesh ..Respondent.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. Kush Sharma, Advocate, through Video
Conferencing.
For the Respondent:
r Mr. Desh Raj Thakur, Additional Advocate
General, through Video Conferencing.
Vivek Singh Thakur, J (oral)
De-linked from Cr.MMO No.166 of 2020.
2. This petition has been preferred, seeking bail under Section 438 Criminal Procedure Code (in short Cr.P.C.), in case FIR No.31 of 2020, dated 06.03.2020, registered under the provisions of Section 376(2)(n) of the Indian Penal Code (in short 'IPC') and Section 67(A) of the Information Technology Act, 2000 (in short 'I.T. Act'), in Police Station Ani, District Kullu, H.P.
3. Status report stands filed, wherein detailed statement of complainant has been reiterated on the basis of which FIR in question has been registered. It has also been reported in the status report that initially on the basis of medical examination lady Doctor had opined that possibility of sexual intercourse cannot be ruled out and final opinion will be given after RFSL report and after 1 Whether reporters of the local papers may be allowed to see the judgment? ::: Downloaded on - 24/09/2020 20:18:27 :::HCHP 2 receiving RFSL report, lady Doctor has given her final opinion that there is no evidence of penile penetration and physical assault on the victim. It is also stated in the status report that petitioner has joined investigation and nothing is to be recovered from him.
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4. As a matter of fact, it is also undisputed that petitioner as well as complainant have also filed a joint petition under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') bearing Cr.MMO No.166 of 2020 for quashing of FIR on the basis of ground taken therein, which is also pending adjudication in this Court.
5. Considering entire facts and circumstances of the case and the status report, I am of the considered opinion that neither interest of the complainant nor public interest is going to be served by keeping the petitioner behind the bars or submitting him to the custodial interrogation, which is not warranted at all.
6. Accordingly, petitioner is enlarged on bail, subject to furnishing personal bond in the sum of `30,000/- with one surety in the like amount to the satisfaction of learned JMIC Ani within three weeks from today, subject to further following conditions:-
(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/her 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 he 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;::: Downloaded on - 24/09/2020 20:18:27 :::HCHP 3
(vi) That the petitioner shall not jump over the bail; and
(vii) That he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial.
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7. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice.
8. In case the petitioner violates any conditions 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.
9. Learned JMIC Ani is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.
10. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application. Petition stands disposed of in the aforesaid terms.
Registry to transmit a copy of this order to the trial Court through E-mail.
Copy dasti.
(Vivek Singh Thakur), Judge.
September 23, 2020 (Purohit) ::: Downloaded on - 24/09/2020 20:18:27 :::HCHP