Chander Bhusan Barowalia, J
1. The matter is taken up through video conference.
2. The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case
FIR No. 333 of 2019, dated 27.12.2019, under Sections 341, 323, 376 and 506 of IPC, registered in Police Station Nurpur, District Kangra, H.P.
3. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of
the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by
keeping him behind the bars for an unlimited period, so he be released on bail.
4. Police report stands filed. The prosecution story, as emanates from the records, is that on 27.12.2019, ASI Pawan Kumar, HC Yashpal Singh No.
214, Constable Naneen Kumar No.1244 and Lady Constable Sadhana No.324, were on patrolling duty and present at Basa Chowk, where
prosecutrix/victim (name withheld), came alongwith her husband and got her statement recorded with ASI Pawan Kumar, wherein she has narrated
that she is a house wife and resident of the aforesaid place. Her husband is working as Peon in Government Senior Secondary School, Sukhar. On
26.12.2019, her husband was on night duty. She has four children. Every morning, her elder son, Happy, and Nephew, Abhishek, used to go to Jasur
for selling vegetables. On 27.12.2019, at 4:00 a.m., when they were going to Jasur, she also went alongwith them up to Meta Khad for defecation.
When she was coming back after defecation, then at about 4.30 a.m., Kuldeep son of Charan Dass, who is also resident of her village and her
brother-in-law, suddenly stopped her in the way and started calling Bhabhi-Bhabhi. Thereafter, he forcefully started touching her in a bad manner. On
this, she pushed him and he fell down, but he again got up and laid her down on the ground. He torn her clothes and after removing her Salwar, started
doing illegal act. In this incident, her bangles got broken and blood also fell on the spot from her arm. Kuldeep continued to forcefully doing wrong
work with her for almost half an hour without her will. On her making alarm, her younger brother-in-law, Balbir, reached on the spot and on seeing
him, Kuldeep ran away. Kuldeep also threatened her to do away with her life, if she narrated this incident to anyone. In this incident, she also
sustained injuries on her right arm, face, stomach and other parts of the body. Upon the statement, so made by the prosecutrix, police registered a
case and the investigation ensued. The prosecutrix was medically examined and her statement under Section 164 Cr.P.C. was recorded. On
27.12.2019, Kuldeep, the present petitioner, was arrested and also medically examined. Police prepared the spot map and recorded the statements of
the witnesses. Police collected the relevant scientific samples and completed the investigation and also completed all codal formalities. Lastly, it is
prayed that the bail application of the petitioner be dismissed as there is possibility that in case at this stage he is enlarged on bail, he may flee from
justice or tamper with the prosecution witnesses.
5. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the
police report, carefully.
6. The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that the
petitioner is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He
has argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, especially when investigation is
complete and nothing is to be recovered from the petitioner, custody of the petitioner is not at all required by the police, so the bail application may be
allowed and the petitioner be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioner was found involved
in a serious offence. He has further argued that in case the petitioner is enlarged on bail, at this stage, he may flee from justice or tamper with the
prosecution evidence. He has prayed that the bail application of the petitioner be dismissed.
7. In rebuttal the learned Counsel for the petitioner has argued that the petitioner is behind the bars for the last more than ten months and cannot be
kept behind the bars for an unlimited period, especially when investigation is complete and the custody of the petitioner is not at all required by the
police, so the application be allowed and the petitioner be enlarged on bail.
8. At this stage, considering the fact that the petitioner is behind the bars for last more than ten months and he cannot be kept behind the bars for an
unlimited period, investigation in the matter is completed, nothing remains to be recovered at the instance of the petitioner, custody of the petitioner is
not at all required by the police,, the fact that the petitioner is ready and willing to abide by the terms and conditions of bail, in case granted, he is
neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, considering the overall material, which has come on
record, and without discussing the same, at this stage, this Court finds that the present is a fit case where the judicial discretion to admit the petitioner
on bail is required to be exercised in his favour. Accordingly, the petition is allowed and it is ordered that the petitioner, who has been arrested by the
police in case FIR No. 333 of 2019, dated 27.12.2019, under Sections 341, 323, 376 and 506 IPC, registered in Police Station Nurpur, District Kangra,
H.P., shall be released on bail forthwith in this case, subject to his furnishing personal bond in the sum of Rs.25,000/- (rupees twenty five thousand)
with one surety in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions:
(i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required.
(ii) That the petitioner will not leave India without prior permission of the Court.
(iii) That the petitioner will 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 the Investigating Officer or Court.
9. In view of the above, the petition is disposed of.
