CRMPM/2460/2021 on 31 December 2021

O R D E R

The petitioner is accused in case FIR No. 27 of 2021 dated 03.12.2021 registered at Women Police Station, Kullu, District Kullu, H.P. under Section 376 of the Indian Penal Code.

2. By way of instant petition, petitioner has approached this Court for grant of bail under section 438 Cr.P.C on the ground that he is not involved in any offence and his implication is false. It is stated that the victim herself has admitted that she had solemnized marriage with the petitioner. Even after the registration of FIR, a compromise has been effected between the

petitioner and the victim on 08.12.2021. The investigation in the case is complete and nothing is to be recovered from the petitioner. In case the petitioner is arrested in pursuance to aforesaid FIR, his career will be seriously prejudiced. Petitioner is permanent resident of Village Tharman, PO Neoli, Tehsil & District Kullu, HP and he shall fully co-operate with the investigation. He has further undertaken to abide by all the terms and conditions as may be imposed.

3. In response, the status report has been filed. Perusal of the status report reveals that on 03.12.2021, the victim submitted a complaint to the police alleging that the petitioner had been maintaining physical relations with her for last about four years on the pretext of marrying her. As per version of the victim herself, the marriage was solemnized by the petitioner with her on 23rd November, 2021 at Talogi temple. However, she alleged that marriage so solemnized by the petitioner with her was mere pretence and thereafter he has not joined the company of the victim.

4. I have heard learned counsel for the petitioner and learned Additional Advocate General for the respondent and have also gone through the record.

5. The allegation of the victim is that the petitioner had been maintaining physical relations with her for last about four years on the pretext of marrying her. During investigation, the victim has revealed various places where the petitioner allegedly maintained physical relations with her. The factum that the petitioner married the victim is also admitted by the victim in her complaint.

6. The investigation of the case is stated to be complete. The petitioner has already been associated in the investigation and there is no allegation that he avoided his association at any point of time. The allegations as

leveled by the victim against the petitioner are to be proved after the trial of the case. Keeping in view the facts and circumstances of the case, no fruitful purpose shall be served by allowing the petitioner to be kept in custody especially when his custodial interrogation is not warranted.

7. The petitioner is permanent resident of Village Tharman, PO Neoli, Tehsil & District Kullu, HP. It is not the case of the respondent that petitioner has made any attempt to tamper with the prosecution evidence or is likely to do so in future.

8. In the peculiar facts and circumstances of the case, this petition is allowed. In the event of arrest of the petitioner in connection with case FIR No. 27 of 2021 dated 03.12.2021 registered at Women Police Station, Kullu, District Kullu, H.P. under Section 376 of the Indian Penal Code, he is ordered to be released on bail, on his furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of arresting Police Officer. The bail is granted to the petitioner, subject to the following conditions:- i) Petitioner shall not tamper with the prosecution evidence in any manner. He shall associate himself in the investigation of the case as and when called upon by the I.O. ii) Petitioner shall regularly ensure his presence before the trial Court on each and every hearing of the trial till its conclusion except in cases of extreme urgency. iii) Petitioner shall not leave the country without express leave of the trial Court and thereafter till the completion of trial. iv) Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as as to dissuade him/her from disclosing such facts to the Court or to any Police Officer.

9. 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 hereinabove.

10. The petition is disposed of accordingly. December 31, 2021

( Satyen Vaidya ) (naveen)

Judge