27.6.2008 Present : Mr. T.S.Chauhan, counsel for the petitioner. Mr. Vivek Thakur, Addl, A.G. for the State. CrMPM No.612/2008 This petition for grant of bail has been filed in respect of FIR No.88/08 dated 11.4.2008 registered against the petitioner/accused under Sections 366 and 376 IPC at Police Station, Boileauganj, Shimla. The prosecution version is that the prosecutrix was learning embroidery in village Ghandal and developed some contact with the petitioner. According to the prosecutrix on 30.3.2008, she had gone to fetch grass from the jungle. The petitioner sexually assaulted her and committed rape at a place named Bahni in Kaflog forest. Though , she raised alarm but nobody heard her crises for her help. According to the prosecutrix, the accused/petitioner took some obscene photographs of the prosecutrix with his mobile phone and threatened her that in case she disclosed the factum of rape to any person he would expose her in the public. He also pressurized her to get married with him. On 9.4.2008, the petitioner telephoned her and asked her to accompany him. When the prosecutrix refused, the accused/petitioner threatened to show her obscene photographs to the villagers. Under such threat, she went with the petitioner in a car and they went to Div Shikha Hotel, Sanwara, where - 2 - they stayed in room number 204. According to the prosecutrix, she was again raped there. From Sanwara the petitioner allegedly took the prosecutrix to Siliguri under similar threats. At Siliguri, the accused sold the mobile phone to meet the expenses. From Siliguri, the prosecutrix telephoned her parents and disclosed the facts to them. The parents asked her to return home. According the prosecutrix, she gained confidence of the petitioner/accused and told him that her parents are willing to accept the marriage and therefore, they came back. At Chandigarh, the petitioner stated to have been arrested. The complaint in this regard was lodged on 11.4.2008 by the father of the prosecutrix. The accused was arrested on 29.4.2008. The main contention of the learned counsel for the petitioner is that this is a clear cut case of consent and the prosecutrix had gone willingly with the petitioner. It is further argued that the investigation is complete and now nothing is to be recovered from the petitioner. On the other hand, Shri Vivek Thakur, learned Additional Advocate General has argued that the accused is of Nepali origin and he has obtained a driving licence by showing himself to be son of late Shri Jeet Ram Thakur who is actually his father in-law and whereas his real father’s name is Om Prakash. It is argued that the accused has committed a serious offence and in case he is granted bail, he is likely to jump bail. - 3 - I have gone through the police record also. From the facts narrated above, it is apparent that the prosecutrix is aged about 20 years. She and the accused/petitioner had developed some intimacy prior to the first occurrence. The prosecutrix stayed with the petitioner from 9.4.2008 till 29.4.2008. According to her, she had rung up her parents. She could have easily rung up the police also or raised a hue and cry at any place. The only explanation in this regard is that she was under threat that her obscene photographs on the mobile phone would be displayed to the villagers. Though the investigation is complete the said mobile phone has not been recovered. No such photographs are shown to exist. Therefore, without expressing any opinion on the merits of the case, I am of the opinion that this is a fit case where the petitioner should be enlarged on bail. It is also apparent from the record that the petitioner /accused is residing in Himachal Pradesh for the last about 20 years. His origins may be in Nepal but he is married in Himachal and is having a four years old daughter, therefore, the chances of his absconding are not much. Keeping in view the entire facts and circumstances of the case, the petition is allowed and it is ordered that the petitioner/accused be enlarged on bail on his furnishing bail bonds in the sum of Rs.20,000/- with two local sureties in the like amount to the satisfaction of the Chief Judicial Magistrate, - 4 - Shimla. This bail is granted subject to the following conditions:- i) That he shall make himself available for interrogation by a police officer as and when required; ii) That he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; iii) That he shall not leave India without the previous permission of the Court. The bail application disposed of in the aforesaid terms. Dasti copy. June 27, 2008 ( Deepak Gupta ), J. s.