IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. M. P (M). No. 404 of 2009 Date of decision: 29. 5. 2009 Dharam Pal …..Petitioner Versus State of H.P. ……Respondent Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 . No For the petitioner: Mr. M.L. Chauhan, Advocate. For the respondent : Mr. J.S. Guleria, Assistant Advocate, General. Surinder Singh, J. (Oral) The petitioner was arrested on 2.4.2009 in FIR No. 30/2009 dated 1.4.2009 under Sections 452, 376 and 506 of the Indian Penal Code registered in Police Station Nirmand for allegedly entering into the house of the prosecutrix in the absence of her husband during the intervening night of 31.3.2009 and 1.4.2009 and thereafter forcefully committing the rape on the prosecutrix. The prosecutrix was got medically examined. There were no signs of violence. She was stated to have been sleeping with her children. Her wearing apparels were sent for forensic examination. No blood stains and semens were detected. The challan has been presented 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes. - 2 - before the court for trial of the petitioner. The petitioner is a local resident and there is no allegation that he would jump the bail or will not be available during the trial In these circumstances, in my opinion, he can safely be enlarged on bail on entering into the bail bond in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Judicial Magistrate, Rampur, available in the Station. Ordered accordingly. However, this bail shall be subject to the following conditions:- (i) That the petitioner shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of this case so as to dissuade him from disclosing such facts to the court or the Police officer. (ii) The petitioner shall not tamper with the prosecution evidence in any manner and shall present in the court as and when required; (iii)The petitioner shall not misuse his liberty of bail in any manner and shall not involve himself in any criminal activity during pendency of trial. In case, any of the above conditions are infracted by the petitioner, liberty of bail shall be cancelled. - 3 - Any observation made hereinabove, shall not effect the merits of the case in any manner. The petition stands disposed of. An authenticated copy of this order be sent to the learned Judicial Magistrate, Rampur, for information and necessary action at his end. May 29, 2009 (Surinder Singh),J. (cm)