PANKAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed by the bail/applicant/accused, under, Sec. 439 Cr. P.C., wherethrough he seeks indulgence, of his being ordered to be released from judicial custody, whereat, he stands extantly lodged, for, his allegedly committing offences, constituted under Sec. 376, 323, 342, 506 IOC and Sec. 67 of the IT Act, borne in case FIR No. 3 of 2018, registered with Police Station, Women Solan.

(2.) The prosecutrix is present in person, and, has rendered a statement on oath, duly reduced into writing and signatured by her, wherein she displays her willingness to solemnize marriage with the bail-applicant. She has further made a disclosure therein qua hers being in love relationship with the bail-applicant, since the last four years and, also qua the lodging of the FIR being sequel, of, a sheer mis-understanding. The afore rendered statement on oath by the prosecutrix, is accepted, by the learned counsel for the petitioner, on instructions meted to him by the bail-applicant, thereupon, the application is allowed, and, this Court, is hence constrained, to, make an order, that, the bail-applicant shall be released from judicial custody, especially, when at this stage, no evidence has been adduced by the prosecution, that, in the event of bail being granted to the bail-applicant, there is hence every likelihood of the bail-applicant fleeing from justice, or tampering with prosecution evidence, however, subject to compliance, with, the hereinafter extracted conditions:-

(3.) Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.