CRMPM/2460/2021 of SHASHANK THAKUR Vs STATE OF HP on 31 December 2021

O R D E R

The petitioner is accused in case FIR No. 27 of 2021 dated 03.12.2021registered at Women Police Station, Kullu, District Kullu, H.P. under Section376 of the Indian Penal Code.

2. By way of instant petition, petitioner has approached this Court forgrant of bail under section 438 Cr.P.C on the ground that he is not involvedin any offence and his implication is false. It is stated that the victim herselfhas admitted that she had solemnized marriage with the petitioner. Evenafter the registration of FIR, a compromise has been effected between the petitioner and the victim on 08.12.2021. The investigation in the case iscomplete and nothing is to be recovered from the petitioner. In case thepetitioner is arrested in pursuance to aforesaid FIR, his career will beseriously prejudiced. Petitioner is permanent resident of Village Tharman,PO Neoli, Tehsil & District Kullu, HP and he shall fully co-operate with theinvestigation. He has further undertaken to abide by all the terms andconditions as may be imposed.

3. In response, the status report has been filed. Perusal of the statusreport reveals that on 03.12.2021, the victim submitted a complaint to thepolice alleging that the petitioner had been maintaining physical relationswith her for last about four years on the pretext of marrying her. As perversion of the victim herself, the marriage was solemnized by the petitionerwith her on 23[rd] November, 2021 at Talogi temple. However, she alleged thatmarriage so solemnized by the petitioner with her was mere pretence andthereafter he has not joined the company of the victim.

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

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

6. The investigation of the case is stated to be complete. The petitionerhas already been associated in the investigation and there is no allegationthat 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 ofthe case. Keeping in view the facts and circumstances of the case, no fruitfulpurpose shall be served by allowing the petitioner to be kept in custodyespecially 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 petitionerhas made any attempt to tamper with the prosecution evidence or is likely todo so in future.

8. In the peculiar facts and circumstances of the case, this petition isallowed. In the event of arrest of the petitioner in connection with case FIRNo. 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 orderedto be released on bail, on his furnishing personal bond in the sum ofRs.25,000/- with one surety in the like amount to the satisfaction of arrestingPolice Officer. The bail is granted to the petitioner, subject to the followingconditions:-

i)Petitioner shall not tamper with the prosecution evidence inany manner. He shall associate himself in the investigation ofthe case as and when called upon by the I.O.any manner. He shall associate himself in the investigation ofthe case as and when called upon by the I.O.

ii)Petitioner shall regularly ensure his presence before the trialCourt on each and every hearing of the trial till its conclusionexcept in cases of extreme urgency.Court on each and every hearing of the trial till its conclusionexcept in cases of extreme urgency.

iii)Petitioner shall not leave the country without express leave ofthe trial Court and thereafter till the completion of trial.the trial Court and thereafter till the completion of trial.

iv)Petitioner shall not directly or indirectly make anyinducement, threat or promise to any person acquainted withthe facts of the case, as as to dissuade him/her fromdisclosing such facts to the Court or to any Police Officer.inducement, threat or promise to any person acquainted withthe facts of the case, as as to dissuade him/her fromdisclosing such facts to the Court or to any Police Officer.

9. Any observation made herein above shall not be taken as anexpression of opinion on the merits of the case and the trial Court shalldecide the matter uninfluenced by any observation made hereinabove.

10. The petition is disposed of accordingly.

December 31, 2021 (naveen)

( Satyen Vaidya ) Judge