Vishal kumar vs STATE OF HP CRMPM 815/24 21/06/24 [ The Hon’ble Mr. Justice Bipin Chander Nege]

[ HIMACHAL PRADESH HIGH COURT ]

Sections 376, 201 and 34 POCSO ACT Section 4 – Penetrative sexual assault on Minor Bail The main legal issue is whether the petitioner should be granted bail considering the nature of the charges and the evidence presented —The petitioner argues for bail, highlighting the lack of criminal antecedents and asserting that there is no flight risk or potential for interference with the investigation —The State opposed bail, citing the seriousness of the charges and the need to ensure the integrity of the investigation —The court granted bail to the petitioner —The court did not find prima facie evidence of sexual intercourse attributable to the petitioner, as medical and DNA evidence did not corroborate the charges — The court considered the nature and gravity of the charges, the role of the petitioner, and the lack of corroborative expert evidence — The court concluded that the petitioner could be released on bail without risk to the investigation or trial, subject to specific conditions to ensure compliance and cooperation.

Relevant Paras:

13. In view of the aforesaid, the instant petition is allowed and the bail petitioner is enlarged on bail in case FIR No. 5/2024 dated 05.01.2024, under Sections 376, 201 read with Section 34 of the Indian Penal Code and Section 4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station, District Kangra, subject to his furnishing bond in the sum of Rs. 50,000/- with one local surety in the like amount to the satisfaction of the learned trial Court/Additional Sessions Judge, Fast Track Court Special Court, POSCO, Kangra at Dharamshala, having jurisdiction over the concerned Police Station, subject to the following conditions:-

(i)Petitioner shall 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;
(ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever; (iii) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Courts or any Police Officer.
(iv) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar card, telephone number, email, PAN Card, Bank Account Number if any.
In case of violation of any of the terms & conditions of the bail, respondent/State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

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Vishal Kumar V:s State of Himachal Pradesh Judgment The Law Literates

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