Himachal Pradesh High Court
Kamal Kant Singh vs State Of Himachal Pradesh on 13 February, 2019
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.9 of 2019 Date of Decision : February 13, 2019 .
Kamal Kant Singh ....Petitioner.
versus
State of Himachal Pradesh ...Respondent.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?
For the Petitioner : Mr. Virag Kumar Aggarwal & Ms
r Shalini Aggarwal, Advocates.
For the Respondent : Mr. Vinod Kumar Thakur,
Additional Advocate General,
and Mr. R.R. Rahi, Deputy
Advocate General.
Vivek Singh Thakur, Judge
This bail application has been filed under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail in FIR No.149 of 2018 dated 15.11.2018, under Sections 376, 417, 419 & 506 of the Indian Penal Code, registered at Police Station, Kala Amb, District Sirmaour, Himachal Pradesh.
2. Status report stands already filed. ASI Hem Raj of Police Station, Kala Amb, District Sirmaur, Himachal Pradesh, is present alongwith record.
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3. It is reported that the petitioner has joined investigation and the investigation is almost complete, however, report of the State Forensic Science Laboratory, .
with respect to the DNA Profiling is still awaited.
4. Prosecution case in brief is that on 15.11.2018, prosecutrix-complainant presented an application, under Section 156(3) of the Code of Criminal Procedure, before the Chief Judicial Magistrate, Nahan, District Sirmaur, Himachal Pradesh, praying therein for registration of FIR against the accused-petitioner, on the basis of which the aforesaid FIR was registered.
5. In the application, it is stated by the complainant that the accused by obtaining her consent deceitfully had solemnized marriage with her on 28.9.2015 in Hanuman Mandir, Naraingarh, by concealing the fact that he had been married to someone else earlier to that and thereafter, after living with her at her mother's house, on the asking of the accused, she took separate room for cohabitation, where they stayed for 7-8 days and thereafter the accused told her that he had lost his job at Shimmit UTSCH, Kala Amb and conveyed that he had to search for new job at Ghaziabad. Thereafter, he left the complainant with a promise to return. Whereafter, the complainant continuously tried to contact him on his ::: Downloaded on - 14/02/2019 22:00:18 :::HCHP ...3...
mobile and during this time she also informed the accused about her pregnancy. Whereupon, the accused came to Nahan on 1.5.2017 and got the complainant admitted in .
the Hospital and had again left in the same evening on the pretext of joining his job at Ghaziabad. On 2.5.2017, the complainant had given birth to a male child. However, thereafter, the complainant did not return despite requests by the complainant. During the process, her mobile call was picked up by a boy, who informed her that he is son of the accused.
r Then she came to know that the accused was already married. Thereafter, she called the accused so many times, but he did not respond, leading to the filing of complaint before the Court in November, 2018.
6. It is the case of the accused that both he and the complainant were major and knowing well everything about his married status, complainant had entered into relation with him on 20.9.2014 and that he had never cheated the complainant nor concealed anything from her, who was regularly meeting with his family members, including his son and wife, but in order to harass and blackmail him, the present FIR had been lodged after due deliberations after a considerable long time. It is also the case of the accused that during 2012 to 2016, he was residing at Sunder Bagh Colony, Pucca Tank, Nahan, ::: Downloaded on - 14/02/2019 22:00:18 :::HCHP ...4...
alongwith his wife and son Kshitij, and that his son was studying in Army Public School, Nahan. He has also placed on record photocopies of documents, indicating that his .
son Kshitij has been a student in the Army Public School, Nahan since 2012-13 to 2015-16.
7. Further, the accused has also placed on record photocopy of receipt dated 5.7.2016, issued by the Central Bank, regarding deposit of an amount of `5,000/- into the bank account of the complainant. He has also placed on record photocopy of transactions, whereby an amount of `7,000/- was transferred by him from his account with Punjab National Bank, through NEFT, into the bank account of the complainant.
8. Learned Deputy Advocate General has submitted that the accused is a resident of Ghaziabad (Uttar Pradesh), therefore, in the absence of a local surety it would be difficult to ascertain his presence during trial.
Whereas, learned counsel for the accused has submitted that the accused is a permanent resident of Ghaziabad (Uttar Pradesh), and that he has not tried to abscond even after registration of the FIR against him and also that he has responsibility to support his family and, therefore, he cannot think of absconding from the trial.
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9. Without going into the merits of the case, allegations and counter allegations of the parties, keeping in view the aforesaid circumstances, I am of the opinion .
that this is a fit case to enlarge the accused on bail in FIR No.149 of 2018 dated 15.11.2018, under Sections 376, 417, 419 & 506 of the Indian Penal Code, registered at Police Station, Kala Amb, District Sirmaour, Himachal Pradesh, subject to his furnishing personal bond in the sum of `1,00,000/- with one surety in the like amount to the satisfaction of the trial Court, further subject to the following conditions:
(i) That the accused-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 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;
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(vi) that the petitioner shall not jump over the bail;
(vii) that he shall not leave the territory of India without information. Further, he .
shall provide his mobile and/or landline contact numbers alongwith his address of residence and place of working and shall keep on informing the change therein, if any, to the Police/Court.
10. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the accused-petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice.
11. In case the petitioner violates any or the 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.
12. Observations made hereinabove shall not affect the merits of the case in any manner and are strictly confined for the disposal of the present bail application.
Application stands disposed of.
Copy dasti.
( Vivek Singh Thakur ) February 13, 2019(sd) Vacation Judge.
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