IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. M. P (M). No. 318 of 2009 Date of decision: 14. 5. 2009 Varinder alias Ravi Kumar ….. Petitioner Versus State of H.P. …Respondent Coram: The Hon’ble Mr.Justice Surinder Singh, J. Whether approved for reporting ?1 . For the petitioner: Mr. N.K. Thakur, Advocate. For the respondents : Mr. J.S. Guleria, Assistant Advocate, General. Surinder Singh, J. (Oral) The petitioner was arrested on 4.4.2009 in FIR No. 60 of 2009 dated 4.4.2009 under Section 376 of the Indian Penal Code in police Station Jawalamukhi, District Kangra, H.P. He failed to get bail from the Court of Sessions, as such the instant application has been moved for seeking bail under Section 439 of the Code of Criminal Procedure. As per the case of the prosecution, the prosecutrix was a 10th class student. The petitioner met her while returning from her School and extended his hand for friendship, to which she agreed. Thereafter both of them had been frequently meeting each other. It is alleged that 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes. - 2 - in the month of April, 2007, the petitioner asked the prosecutrix to meet him in the fields. She went there and on the promise to get married, she was ravished. It is further alleged that on the pretext of marrying her, the petitioner repeatedly committed sexual intercourse with her but thereafter refused to marry. The prosecutrix felt annoyed and reported the matter to the police. She was medically examined. Though she was found to be habituated to the sexual intercourse, but there was no evidence of recent sexual intercourse. The prosecutrix at the relevant time was alleged to be more than 16 years but less than 18. Keeping in view of the facts of this case, in my opinion, petitioner can be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Chief Judicial Magistrate/Additional Chief Judicial Magistrate concerned and this bail shall be subject to the following conditions:- (i) That the petitioner shall be available for interrogation in this case as and when required and shall also present him in the court whenever required to do so. (ii) That the petitioner shall not make any inducement, threat or promise to any witness acquainted with the facts and circumstances of - 3 - this case so as to dissuade him from disclosing the true facts to the court or the Police officer. (iii) The petitioner shall not tamper with the prosecution evidence in any manner. In case any of the conditions are infracted by the petitioners, liberty of bail shall be cancelled. Any observation made hereinabove, shall not effect the merits of the case in any manner. The petition stands disposed of. Copy Dasti. May 14, 2009 (Surinder Singh),J. (cm)