IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No.112 of 2010. Decided on: 24th February, 2010. _______________________________________________________ Navneet Kumar ….Petitioner Versus State of HP. ……..Respondent. Coram Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting1? No. For the petitioner : Mr. Bhupender Gupta, Senior Advocate with Mr. Janesh Gupta, Advocate. For the respondent : Mr. J.S. Rana, Assistant Advocate General. ____________________________________________________ SURINDER SINGH, J (Oral) The petitioner was arrested in FIR No.279 of 2009, registered in Police Station, Manali, under Sections 342, 376, 506, 120B of the Indian Penal Code. His bail was rejected by the Court of Sessions, as such, he approached this Court under Section 439 of the Code of Criminal Procedure for the grant of his bail. Precisely, the case of the prosecution is that the prosecutrix is a married woman, aged about 30 years and is having two school going children. On 9th October, 2009 her husband had gone to village Duara to mourn the death of a relative and she was alone with her children in the house. Around 9.30 PM when she came out to pass the urine, she was caught hold by the petitioner and was dragged to a room on the ground floor, the lock of which was already broken by the accused earlier. The petitioner committed the rape on her. The aunt of the Whether reporters of the Local papers are allowed to see the judgment? Yes. - 2 - petitioner Smt. Rami Devi, her neighbour, came there. She closed the door of the room and bolted from outside. After about 20 minutes, she opened the door and the petitioner fled away from the spot. When her husband returned, she complained to him and reported the matter on the next day to the police. The prosecutrix was got examined. Her vaginal swabs were taken and sent for the forensic examination. The petitioner applied for anticipatory bail, which was dismissed. Rami Devi was also made a co-accused in this case. She was also arrested, but granted bail. The petitioner was arrested on 22nd October, 2009. He was medically examined. His pubic hair and underwear were also sent for forensic examination. The challan in this case has been presented in the Court for the trial of both the accused persons. No recovery is to be effected from the petitioner. After hearing the parties and going through the investigation record and also the medical and forensic reports, in my opinion, the continued custody of the petitioner is not required in the case. He is a permanent resident of village Chhaki falling within the jurisdiction of Police Station, Manali and has roots in the society. Therefore, the petitioner can be granted on bail by imposing suitable conditions. It is thus ordered that the petitioner be enlarged 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 Chief Judicial Magistrate, Kullu and this bail shall be subject to the conditions that the petitioner: (a) shall join the investigation of the case, if any, and shall present himself in the Court as and when required to do so; - 3 - (b) 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. Needless to say that if the petitioner commits breach of any of the conditions, the liberty of bail shall be cancelled. The observations made hereinabove are strictly for the disposal of this bail petition and the same shall not be treated as an expression of opinion on the merits of the case. Let a copy of this order be sent to the Chief Judicial Magistrate, Kullu for information and necessary action at his end and in case the parties apply for urgent supply of the copies, the same be supplied to them immediately, as per rules. The petition stands disposed of. February 24, 2010. (Surinder Singh),J. (rc)