SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application for releasing the petitioner on bail under Section 438 Cr.P.C. in FIR No. 131/11 dated 2.12.2011, registered at Police Station, Chirgaon, Distt Shimla for offences punishable under Sections 363, 366 IPC. It has been submitted that a false case has been registered on the complaint lodged by one Laiq Ram on the allegations that petitioner has taken away the daughter of the complainant without his consent. The petitioner is not involved in the commission of offence. The prosecutrix of her own, on 1.12.2011 came to village Dodra Kawar and went back on 5.12.2011. The petitioner on account of registration of the case is apprehending his arrest at any time. The petitioner is innocent. He has committed no offence. The petitioner is a student of 10+2. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. The custodial interrogation of the petitioner is not required. The prayer has been made for grant of bail.

(2.) THE status report has been filed. It has been stated that case has been registered on the report of Laiq Ram, stating that on 1.12.2011 the prosecutrix after taking meals had gone to sleep at about 10 p.m. in her room but she was not found in her room by the wife of the complainant at 7 a.m. She was searched in the village and complainant came to know that prosecutrix had gone with the petitioner during night. The prosecutrix aged about 15 years has been kidnapped by petitioner with intention to marry her. On this case has been registered. The prosecutrix has been recovered on 5.12.2011. The prosecutrix was got medically examined on 7.12.201. The doctor has ruled out sexual intercourse with the prosecutrix. The date of birth certificate of the prosecutrix has been obtained and she was found seventeen years, seven months and three days on the date of occurrence. The petitioner had joined the investigation. It has been stated that no recovery is to be made from the petitioner. The submission has been made for rejection of the bail application.

(3.) THEREFORE , petition is allowed. In the event of arrest, the petitioner is ordered to be released on bail in FIR No. 131/11 dated 2.12.2011, registered at Police Station, Chirgaon, Distt Shimla for offences punishable under Sections 363, 366 IPC, on furnishing personal bond in the sum of Rs. 25,000/ - with one surety of the like amount to the satisfaction of Arresting Officer, with the condition that the petitioner shall continue to join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. The observations made in the judgment are for disposal of the bail application and it shall not be construed as expression of opinion on the merits of the case.