OM CHAND Vs. STATE OF H P

JUDGEMENT

(1.) The petitioner is an accused in FIR No. 18 of 2014, registered on 30.1.2014 against him in Police Station, Ghumarwin, District Bilaspur under Section 10 of the Protection of Children from Sexual Offences Act. The complainant is mother of a minor girl, studying in first class in Government Primary School, Silh, District Bilaspur, H.P. where the accused-petitioner is working as teacher. The minor on the complaint of stomach pain was taken by the complainant to Civil Hospital Ghumarwin on 30.1.2014. The history qua exploitation of the minor by inserting his finger in her vagina by the accused-petitioner was disclosed to the Medical Officer, who attended upon her in the hospital. On this the Medical Officer had given the intimation to the police of Police Station, Ghumarwin. Investigating Officer PSI Indu of Police Station, Ghumarwin rushed to the hospital where she recorded the statement of the complainant under Section 154 Cr.P.C. As per her statement, finger was inserted in the vagina of the minor by accused-petitioner 5-6 days back. Investigation in this case has been conducted. Besides the statement of the complainant and her minor daughter, the I.O. has associated three minor girls studying in that very school and also one Smt. Shakuntla Devi, Water Carrier, Smt. Seema Devi, Mid Day Meal Worker and Smt. Bharti another JBT Teacher posted in the school. The Medico Legal Certificate qua the Medical Examination of the daughter of the complainant has also been obtained. The school admittedly was closed for vacation up to 26.1.2014 and the same was reopened on 27.1.2014. The incident if having taken place 5-6 days back from 30.1.2014 can be said to have taken place on 25/26 January, 2014. The school, however, was closed on both these days. The remaining witnesses including the girls student associated by the Investigating Officer prima-facie do not inculpate the accused petitioner in the committing of the offence at this stage. The clinical examination including the report of ultra-sonography also does not show any sign of violation or injuries either on the private part of the minor daughter of the complainant or on her person. On the other hand, the material as has come on record at this stage reveals that the complainant used to visit the school every day and had been insisting the accused-petitioner to allow her to the teach students in the school and also that everything in her house was not normal and that she may be allowed to have her lunch in the schools Of course, the alleged offence is serious in nature, however, in the given facts and circumstances and the material available on record, whether the accused-petitioner has committed this offence or not, nothing in this behalf can be said at this stage. The investigating agency may further investigate the matter. I therefore, do not think that the custody of the accused-petitioner at this stage is required for interrogation. In the event of the involvement of the accused-petitioner if established during the course of further investigation and in case the custody of the accused-petitioner is required, the same can always be entrusted to the police if an application in this behalf is filed and it is deemed expedient to do so in the ends of justice. At this stage, this Court therefore, is satisfied that the accused-petitioner in the event of his arrest by the police, deserves to be released on bail. The application is, therefore, allowed. It is ordered that in the event of arrest of the accused-petitioner in the case registered vide FIR No. 18 of 2014 dated 30.1.2014 in Police Station Ghumarwin, District Bilaspur, shall be released on bail on his furnishing the personal bonds in the sum of rupees 50,000/- with one surety in the like amount to the satisfaction of IO-Arresting Police Officer and shall further abide by the conditions that he shall:--

(2.) It is clarified that if the petitioner misuse the liberty or violate any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail.

(3.) Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition.