Dolma Devi vs State Of Himachal Pradesh on 5 March, 2021

[Cites 4, Cited by 9]

Himachal Pradesh High Court

Dolma Devi vs State Of Himachal Pradesh on 5 March, 2021

Bench: Ajay Mohan Goel

                                                  1


        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                           Cr. MP(M) No. 345 of 2021

                              Date of Decision: 05.03.2021




                                                                                    .
______________________________________________________________________





Dolma Devi                                            ....Petitioner.
                                  Vs.

State of Himachal Pradesh                                                        .....Respondent.





Coram:
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge





Whether approved for reporting?1 No.

For the petitioner:                        Mr. Ashok K. Tyagi, Advocate.

For the respondent:                        M/s Sumesh Raj, Dinesh Thakur and
                             r             Sanjeev   Sood,   Additional  Advocate

                                           Generals, with M/s Kamal Kant Chandel
                                           & Divya Sood, Deputy Advocate Generals.

                                           ASI Dev Dutt, Investigating Officer, Police
                                           Station Janjahali, District Mandi, H.P. is



                                           present in person alongwith the case
                                           record.




Ajay Mohan Goel, Judge (Oral):

Status report filed, which is ordered to be taken on record.

2. Learned Additional Advocate General, on instructions, informs the Court that after grant of anticipatory bail, the petitioner has appeared for investigation and now her custody is not required for the purpose of investigation. He further submits that however the petitioner be directed to participate in the investigation as and when directed by the Investigating Officer.

Whether the reporters of the local papers may be allowed to see the Judgment?

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3. Accordingly, this petition is disposed of by confirming order dated 23.02.2021, passed in FIR No. 01/2021, dated 01.01.2021, .

registered under Sections 363, 366, 376, 376(2) and 120B of the Indian Penal Code, Section 6 of the Protection of Children from Sexual Offences Act and Sections 10 & 11 of the Prohibition of Child Marriage Act, 2006 at Police Station Janjehli, District Mandi, H.P., subject to the following conditions:

"i) Petitioner shall furnish bond in the sum of Rs. 20,000/ with one surety in the like amount to the satisfaction of learned personal Trial Court within a period of two weeks from today.

(ii) She shall make herself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

                  iii)          She     shall     not    tamper      with     the





                  prosecution      evidence         nor        hamper         the
                  investigation   of       the   case     in   any     manner
                  whatsoever.
                  iv)           She shall not 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 the Court or the Police Officer; and ::: Downloaded on - 05/03/2021 20:20:02 :::HCHP 3

v) She shall not leave the territory of India without prior permission of the Court."

4. It is clarified that findings which have been returned by .

this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned Trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during the trial of the case. It is further clarified that in case the petitioner does not comply with the conditions which have been imposed upon her while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the above terms.

Copy dasti.

(Ajay Mohan Goel) Judge March 05, 2021 (bhupender) ::: Downloaded on - 05/03/2021 20:20:02 :::HCHP

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