1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 883 of 2011. Date of decision: 09.11.2011. Manish Sharma. ......Petitioner. Versus State of H.P. ......Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioner : Mr. Vinay Thakur, Advocate. For the Respondent : Ms. Ruma Kaushik, Additional Advocate General. Kuldip Singh , Judge( Oral). This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No.131/2011 dated 21.08.2011, registered at Police Station , Dehra, under Section 292 IPC and Section 67A of I.T. Act. 2. It has been stated that petitioner has been arrested on 31.08.2011 in the above case on the allegations that he used to make calls and send obscene SMS to the daughter of complainant Anil Kumar from mobile phone. It has also been alleged that on 21.08.2011 the complainant came to know that nude photographs of his daughter were found in the Internet. On these allegations, the above case was registered against the petitioner on 21.08.2011. 3. The petitioner filed bail application before Learned Additional Sessions Judge, Kangra, which was dismissed on 21.09.2011. The learned Additional Sessions Judge has erred in dismissing the bail application of the petitioner. 4. The petitioner is innocent. He has committed no offence. 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 There is no legal evidence to connect the petitioner with the commission of alleged offence. The relations between the families of the complainant and petitioner are not good and the FIR is the outcome of strained relations. The investigation in the case is complete. The challan has already been submitted in the Court on 28.10.2011. The continuous detention of the petitioner is not required. The petitioner is ready to furnish bail bonds in accordance with the directions of the Court. 5. The status report has been filed. It has been stated that case has been registered on the basis of written complaint of complainant Anil Kumar father of affected girl. The complainant has alleged that petitioner used to send obscene SMS to his daughter. The petitioner one day trespassed into the house of the complainant and took photographs of his daughter. On 21.08.2011 many people told him that they had seen nude pictures of his daughter on face book. It has been stated in the status report that C.D. 'Gold Star' was taken into possession, call details of the mobile phone were demanded from service provider. The mobile phone has been taken into possession. The memory card was checked on the computer of Police Station and 14 photographs of the daughter of the complainant were found in nude and semi-nude condition. The report from F.S.L., Junga, is still awaited. The petitioner was arrested on 31.08.2011. The challan has been submittd in the Court on 21.10.2011 and the supplementary challan will also be filed in the Court on receipt of report from F.S.L. The prayer has been made for rejection of the bail application. 6. I have heard both the sides and have also gone through the 3 record. The daughter of the complainant in her statement under Section 161 Cr.P.C. has stated that she had affairs with the petitioner, but in the meantime, the petitioner started blackmailing her. Thereafter, she stopped taking with him. The petitioner forcibly took her nude photographs. She did not disclose this incident out of fear to anyone. The petitioner has taken the stand that he has been falsely implicated by the complainant as the families of the petitioner and complainant are not having good relations. The petitioner has been arrested on 31.08.2011 and since then he is in custody. The investigation in the case is complete. The challan has been submitted in the Court. The trial of the case will take some time. 7. Therefore,keeping in view the entire facts and circumstances of the case, application is allowed and the petitioner is ordered to be released on bail in FIR No.131/2011 dated 21.08.2011, registered at Police Station , Dehra, under Section 292 IPC and Section 67A of I.T. Act on his furnishing personal bond in the sum of ` 25,000/- with one surety of the like amount to the satisfaction of the trial Court with the conditions that the petitioner shall not tamper with the prosecution evidence or overawe the prosecution witnesses in any manner. 8. The observations made in the judgment are for the disposal of the bail application and shall not be construed as an expression of opinion on the merits of the case. Copy 'dasti'. ( Kuldip Singh ), Judge. November 9, 2011. (Krt)