1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M. P(M) No. 784 of 2009 Date of decision: 11.09.209 Ved Parkash ....Petitioner Versus State of Himachal Pradesh …… Respondent Coram: The Hon’ble Mr. Justice Suridner Singh, J. Whether approved for reporting ? .No. For the Petitioner: Mr. M.L. Brakta, Advocate. For the Respondent: Mr. Vikas Rathore, Deputy Advocate General for the respondent. SURINDR SINGH, J. (ORAL) Heard. The petitioner has been arrested on 5.5.2009 in FIR No. 59 of 2009 dated 16.03.2009, registered under Sections 363, 366 and 376 of the Indian Penal Code in Police Station, Rampur, after the dismissal of the anticipatory bail by this Court. The challan has been presented in the Court for trial of the petitioner. As stated by the learned Deputy Advocate General, the case is fixed for consideration of charge on 29th September, 2009. In brief, the case of the petitioner is that the petitioner had been taking the prosecutrix daily to attend her school in his three-wheeler. According to the 2 petitioner, they developed liking for each other and the prosecutrix little above 16 years insisted upon to marry him. The prosecution alleged that on 10th March, 2009, the prosecutrix was kidnapped by the petitioner and compelled her to marry him. During her captivity at various places she was raped. The prosecutrix alongwith the petitioner spent night at Railway Station, Chandigarh. Surprisingly, the prosecutrix did not raise any hue and cry during this period nor reported the matter to the police despite opportunity. All these factors shall be weighed and examined by the learned trial Court during the trial but at this stage, the petitioner has a case for his bail and no prejudice shall be caused to the prosecution in case the petitioner is enlarged on bail subject to the appropriate conditions. Accordingly, the request for bail is allowed. Thus, the petitioner who is a local resident be and is enlarged on bail on his furnishing the bail bond in the sum of Rs.10,000/- with one surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kinnaur/ Judicial Magistrate, Rampur. This bail is subject to the following conditions that the petitioner :- i) shall not tamper with the prosecution evidence in any manner and make himself available during the trial of the case; ii) shall also cooperate with the investigation of this case, if any, and shall not mis-use his liberty in any manner. 3 Needless to say that in case the petitioner flouts any of the conditions aforesaid, the liberty of his bail shall be cancelled. Any observations made hereinabove is strictly for deciding this application and shall not affect the merits of the case, in any manner. Copy dasti on usual terms. (Surinder Singh), Judge. September 11, 2009(BRB)