IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP (M) No. 229 of 2009 Date of decision: 8. 4. 2009 Prem Singh …..Petitioner Versus State of H.P. ……Respondent Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 For the appellant: Mr. Ashok sharma, , Advocate For respondent : Mr. J. S. Guleria, Assistant Advocate General. Surinder Singh, J. (Oral) The petitioner was arrested in FIR No. 13/2009 dated 6.1.2009 under Sections 376 and 506 of the Indian Penal Code, registered in Police Station Kullu, H.P. His bail application was rejected by the learned Additional Sessions Judge (Fast Tract) Court, Kullu as such the instant application has been moved for seeking bail. Brief facts of the case are that the prosecutrix (26) a married women was allegedly raped by the accused-petitioner on 30.12.2008 in ‘Bubu Jungle’ when she had gone to fetch wood. On 1.1.2009, her husband, who was out of station and returned back to his home, his wife, the prosecutrix informed about the alleged rape and thereafter both of them approached Pradhan Devi 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes. - 2 - Singh of Gram Panchayat Chopasna. On 2.1.2008, on hearing the allegations against the petitioner, he refused to reconcile the matter and directed the prosecutrix to report the matter to the police but again for four days, no report was made. It was only on 6.1.2009 that the prosecutrix had lodged the FIR in the Police Station concerned. She was medically examined. Her clothes were taken into possession and sent for forensic examination. It is pertinent to note that the petitioner had already moved an application to the SHO, Police Station, Kullu on 2.1.2009 denying the allegations of rape and apprehending that a false case might be instituted by the prosecutrix against him. It is also reported that in the year 1994, the prosecutrix had lodged an FIR under Sections 341, 323 and 506 read with Section 34 of the Indian Penal Code against the petitioner which ended in compromise. The challan against the petitioner is stated to have been presented in the court on 6.4.2009. Thus, without commenting upon the merits and demerits of the case for the present, suffice to say the petitioner can be enlarged on bail on his executing the bail bonds to the tune of Rs. 10,000/- to the satisfaction of the learned Chief Judicial Magistrate, Kullu, H.P.. This bail shall be subject to the following conditions:- - 3 - (i) That the petitioner shall not make any inducement, threat or promise to any witness 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. (ii) The petitioners shall not tamper with the prosecution evidence in any manner. (iii)The petitioner shall present himself in court as and when required. Needless to say if any of the conditions are infracted by the petitioner, liberty of bail shall be cancelled. Any observation made hereinabove, shall not effect the merits of the case in any manner. The trial court shall decide the matter purely on its merit. An authenticated copy of this order be sent to the learned Chief Judicial Magistrate, Kullu forthwith for information and necessary action at his end. The application stands disposed of. April 8, 2009 (Surinder Singh),J. (cm)