Cr.MP (M) No. 117/2010. 23.2.2010Present: Mr. Tarlok Chauhan, Advocate, for the petitioner. Mr. J.S. Rana, Assistant Advocate General, for the respondent-State. Heard. The petitioner has sought his enlargement on bail in a case registered in terms of FIR No. 126 of 2009 dated 16.10.2009 in Police Station Dalhousie, District Chamba (HP) under Sections 376 and 511 of the Indian Penal Code. His bail application was rejected by the court of Sessions. To be precise, the case of the prosecution is that the prosecutrix (11 years) while returning from the School, happened to meet the petitioner on the way. He took her to the jungle and attempted rape. When she cried, she was let-off and the matter was reported to the police by her father to whom she had complained. The prosecutrix was medically examined. Vaginal swab and secretion both were sent for the forensic examination. The blood was detected on the vaginal -2- smear but no semens were found. However, a Senior Doctor while giving opinion considering the report of the Forensic examination, opined contrary to the report that the semens were detected on the vaginal smear and swabs. I have gone through the statement of the prosecutrix. It is not a case of rape as observed by the learned trial Court but an attempt to rape prima facie. In my opinion, in the aforesaid facts, the petitioner can be enlarged on bail by imposing suitable conditions, as such his application under Section 439 of the Code of Criminal Procedure is allowed. The petitioner is hereby ordered to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Chamba and this bail shall be -3- subject to the conditions that the petitioner;- (a) shall not tamper with the prosecution witnesses and shall cooperate with the investigation of this case to take it to its logical end. (b) shall also present himself before the Police Officer for the purpose of interrogation and in the court as and when required; and (c) shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of this case so as to dissuade him from disclosing such facts to the court or the Police officer. Any observation made hereinabove is strictly for the disposal of this bail petition and shall not affect the merits of the case in any way. Let a copy of this order be sent to the learned Chief Judicial Magistrate, Chamba forthwith for his information and necessary action at his end. The copy be supplied to the counsel for the petitioner if applied urgently. The application stands disposed of. (Surinder Singh),J February 23, 2010 (cm)