IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP (M) No. 128/2010 Date of decision: 26. 2. 2010 Milap chand ….Petitioner Versus State of H.P. ……Respondent Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 . No For the Petitioenr: Mr. Satyan Viadya, Advocate. For the respondent : Mr. J.S. Rana, Assistant Advocate General. Surinder Singh (Oral) Petitioner has approached this Court under Section 439 of the Code of Criminal Procedure for his enlargement on bail as his prayer for bail was rejected by the court of Sessions. He is accused of an offence under Sections 366 and 376 Indian Penal Code in terms of FIR No.249 of 2009 registered in Police Station Palampur, District Kangra, H.P. In short, prosecution story is that the prosecutrix (20 years) had gone to village Market ‘Menjha’ to purchase some grocery items. In the mean time petitioner, who was 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes - 2 - on his Scooter, met her and gave her lift upto her village. In fact, both are from the same village, but prosecutrix has her house in the lower part of that village. Both knew each other very well. She took lift on the Scooter, on the way, petitioner stopped Scooter in the jungle and prosecutrix was taken to the nearby bushes and committed rape on her. Thereafter, she took lift on the Scooter of the petitioner and Scooter was stopped near village ‘Ranipadhar’ where two boys, namely, Vivek and Shashi were standing. They asked as to who she was, he told them she is his wife. In the meantime uncle of the prosecutrix also came there, to whom the petitioner did not recognize. He asked her sitting on the pillion of the Scooter. Surprisingly, on seeing the uncle she did not react immediately. The prosecutrix got down from the Scooter and made a complaint to him and revealed about the incident. Against the aforesaid background, in my opinion, petitioner has a case for bail. Accordingly his request for bail is allowed. He is ordered to be released on bail on his furnishing bail bonds in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kangra at Dharamshala and this - 3 - bail shall be subject to the conditions that the petitioner:- (a) shall present himself in the court of Additional Sessions Judge(I) Kangra at Dharamshala on 3.3.2010 where the matter is pending trial and thereafter whenever required to do so by the Court. (b) shall not tamper with the prosecution evidence in any manner. (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. (d) shall not involve himself in similar case in future. Needless to say in case he commits any breach of any of the conditions above, the liberty of bail shall be cancelled. 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 an authenticated copy of this order be sent to the learned Chief Judicial Magistrate, Kangra at Dharamshala forthwith for his information and necessary action at his end. The copy be supplied to the counsel for the petitioner if applied urgently, as per rules. The application stands disposed of. February 26, 2010 (Surinder Singh),J (cm)