CHANDER MOHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The bail applicant/accused, is, suffering judicial incarceration, for his allegedly committing offence(s), constituted under Sections 363,366, and, under Sec. 376 of the Indian Penal Code, and, in respect thereof, F.I.R. No. 7 of 2018 of 8.2.2018, is, registered with Police Station, Baddi, District Solan, H.P.

(2.) The Investigating Officer is present in Court, and, has placed before this Court, the apt status report. The FIR, with respect to the alleged offences, is, lodged at the instance, of one, Shiv Kumar. Even if, assumingly, the prosecutrix was a minor, at the stage of hers' joining the company of the bailapplicant, and, when prima-facie hence an offence borne under Sec. 366, IPC, may be, rather committed by the bailapplicant,

(3.) The Investigating Officer present in Court, has, stated that after completion of investigation, a report under Sec. 173 Cr. P.C. hence stands filed before the committal Court. Consequently with the apt investigation(s) being complete, thereupon, this Court does not deem it fit, and, proper to prolong the judicial custody, of, the bail applicant, especially when no material has been adduced by the State, with an apt display therein that in the event of the bailapplicant being released on bail, there is every likelihood of his fleeing from justice or tampering with the prosecution evidence. Consequently, thereupon this Court is constrained to accord the facility of bail to the bail-applicant. In aftermath, the present bail application is allowed, and, the indulgence of the bail is granted to the bail applicant, subject to compliance with the following conditions: