BABA SOHAN GIRI Vs. STATE OF H.P.

JUDGEMENT

(1.) This application for grant of anticipatory bail under Section 438 of the Code of Criminal Procedure has been filed by the accused-petitioner (hereafter referred to as the accused) in case FIR No. 8/2004 dated 20.1.2004, under Sections 376 and 506 of the Indian Penal Code, registered at Police Station, Bharmour.

(2.) Case of the prosecution in brief is that the prosecutrix is a resident of village Bari, District Chamba and was born in a Pujari family of the village temple of Mahadev. About 12 years before the accused started living in the said temple and within a few days when the prosecutrix was 15-16 years of age he cast such a spell on her that she would not be know as to when she used to go to the accused, what she used to do and when she used to regain consciousness she would be lying naked in the bed of the accused. Her father stopped her from going to the accused and within a month thereof he died. Thereafter, all her near relatives died one after the other. Attempts made by the prosecutrix to get rid of the accused resulted in his hurling abuses and beating her but none from the village came forward to protect her. During the last 11 years, the accused impRegulation ted the prosecutrix 7 times because of which she gave birth to four children but there were abortions thrice. She was always in fix as to what to do and what not. Though, the entire Illaqua of Bharmour knew as to how the accused was dealing with the prosecutrix but none was prepared to help her. On the contrary they used to blackmail her. Last year a boy came to the temple who used to treat the prosecutrix as his mother because he was under the impression that Mata Gauri speaks through the prosecutrix. When that boy wanted to know about the prosecutrix she did not disclose anything to him because of the impression that as and when somebody had come forward to help he had died or had suffered immeasurable loss. The accused also used to impress her that they could not harm him because he was a Sidh. The said boy once took the prosecutrix to his house where she divulged everything to him. When the accused came to know about it, he threatened the prosecutrix to be killed. Tie matter was finally reported to the police. As per the police report, the matter is still under Investigation and the accused is required to be interrogated. It is also claimed that in the event of his release on bail the accused can threaten the prosecution witnesses.

(3.) The bail has been applied for by the accused on the grounds that he is a saint and is residing, in the aforesaid village in Chopanth Mahadev temple for the last more than 12 years. The prosecutrix used to do cooking and other household work when he used to be busy in mediation. However, she came in contact with Rajesh Pathania of Khandwa who is a criminal by nature when the accused had to go to Khandwa the prosecutrix hatched a conspiracy in connivance with said Rajesh Pathania to falsely implicate the accused in the case and to grab his belongings. When he came to know at Khandwa about the lodging of the repot he filed this application for grant of bail.