IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr.M.P (M.) No. 473 of 2010. Date of Decision: 26.05.2010 __________________________________________________________ Amrik Singh. ….Petitioner. Versus State of Himachal Pradesh. ….Respondent. ___________________________________________________________ Coram The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 __________________________________________________________ For the Petitioner: Mr. Suneet Goel, Advocate. For the Respondent: Ms. Ruma Kaushik, Additional Advocate General with Mr. R.P. Singh, Assistant Advocate General. __________________________________________________________ Dev Darshan Sud, J. (Oral) The petitioner has been charged for offence under Sections 363, 376 read with Section 506 of the Indian Penal Code. The petitioner was arrested on 6th April, 2010. The petitioner petitioned the learned Trial Court praying for his release on bail. This application was filed on 10.4.2010 pleading therein that he be enlarged on bail as his marriage was fixed on 14.4.2010. This application was allowed by the learned Sessions Judge and the petitioner was set at liberty from 10.4.2010 to 24.4.2010. Thereafter, the petitioner again filed an application for grant of bail on 21.4.2010, which was rejected. Another 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes 2 application was moved on 12.5.2010, which was again rejected on 18th May, 2010. The petitioner now petitions this Court pleading therein that during investigation, on ossification test, it is established that the age of the prosecutrix is 18 years. 2. I have heard learned counsel for the parties and have gone through the record. I am not making any observation on the merits of the case as urged by the learned counsel appearing for the petitioner nor on the submissions made by the learned Assistant Advocate General that the investigation is complete and the challan has to be filed before the learned Sessions Judge within a period of about 10 days. It is obvious that the investigation is complete. I do not find any thing on record, which would suggest that the petitioner is a person who has criminal propensities. Rather the fact which emerges is that the marriage of the petitioner was solemnized during this period and it is obvious that by keeping him in jail, he and his newly weeded bride would be traumatized. The reason for lodging the First Information Report late is stated to be that the petitioner had promised to marry the prosecutrix and it is in this situation that she consented to have sex with him. This is a matter to be determined during the trial. At this stage, on the prima facie consideration of facts on record, this application is allowed subject to the following conditions:- (i) The petitioner shall report to the Investigating Officer as and when called for. (ii) He shall not tamper with the prosecution evidence, threaten or overawe witnesses in any manner whatsoever. (iii) He shall be present in the Court on each and every date, when the case is fixed except when so specially exempted by the Trial Court. Any other conditions can also to be imposed upon 3 the petitioner by the learned Trial Court as and when challan has been filed. (iv) The petitioner will not abscond from the jurisdiction of learned Sessions Judge, at Nahan. Should he want to leave this jurisdiction, application shall be preferred by him in the Court of Learned Sessions Judge, who shall dispose it of on its own merits. (v) The petitioner shall furnish bail bonds in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the learned Additional Sessions Judge at Nahan undertaking to appear in the Court on all dates of hearing of the case as fixed by the Court or as and when called for and to abide by all these conditions. 3. Bail bonds shall be furnished by the petitioner within a period of two weeks from the date when this order is first presented to the learned Sessions Judge. 4. It is clarified that in case the petitioner violates any of the conditions of the bail bond or of this order, he shall be arrested forthwith without reference to this Court. Petition is disposed of. Dasti copy on usual terms. May 26, 2010 (Dev Darshan Sud), (KRS) Judge