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2015 Supreme(HP) 1625
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN, J.
Manohar Lal Sharma - Petitioner
Versus
State of Himachal Pradesh & another - Respondents
Cr.M.P.(M) No. 806 of 2015
Decided on : 13-08-2015
Advocate Appeared:
For the Petitioner:Anoop Chitkara, Advocate
For the Respondents:Virender Kumar Verma, Meenakshi Sharma, Rupinder Singh, Additional Advocate Generals. ASI, Jagpal, I.O., Police Station, Ghumarwin, District Bilaspur, present along with records
The court's decision was influenced by the lack of evidence supporting the allegations, leading to the grant of bail to the petitioner.
Headnote:
Bail - Obscene Calls and Blackmailing - The court granted bail to the petitioner based on the lack of evidence found in the mobile phone, which contradicted the complainant's allegations. The petitioner was granted bail with certain conditions.
Fact of the Case:
The petitioner sought pre-arrest bail in a case involving allegations of making obscene calls, threatening to release an obscene video, and demanding money by blackmailing the complainant.
Finding of the Court:
The court found that the data in the petitioner's mobile phone did not support the allegations made by the complainant, leading to the grant of bail with specific conditions.
Issues: Allegations of obscene calls, blackmailing, and threatening to release an obscene video.
Ratio Decidendi: The lack of evidence in the petitioner's mobile phone contradicted the complainant's allegations, leading to the grant of bail.
Final Decision: The bail application was allowed, and the interim order was confirmed with specific conditions imposed on the petitioner.
Tarlok Singh Chauhan, J.
1. The petitioner has sought pre-arrest bail in case FIR No. 101/2015, registered at Police Station, Ghumarwin, District Bilaspur, on 08.05.2015, under Sections 294, 504, 506, 354-A, 354-D IPC.
The respondents have produced the records of the investigation and have also filed the status report.
2. The allegation of the complainant is that the petitioner had been making obscene calls and had also been threatening to release an obscene video of the complainant and demanding a sum of Rs.4,00,000/- by blackmailing her.
3. This Court granted interim bail to the petitioner on 19.06.2015 and fixed the case for further proceedings on 26.06.2015, on which date the respondents were directed to produce the FSL report and the matter was listed on 23.07.2015. On 23.07.2015, it was represented by learned Additional Advocate General that the report of the FSL is awaited and the matter was accordingly fixed on 13.08.2015. Today, the report of the FSL has been produced and it has been clearly stated therein that the data present in the mobile phone of the petitioner did not contain any obscene photographs nor were there any porn SMS sent to/received from the mobile of the petitioner. This, prima facie, belies the version as set-forth by the complainant on the basis of which FIR has been registered. Therefore, denying bail, at this stage, to the petitioner would be travesty of justice.
4. Since, the petitioner is serving in Indian Army and is a permanent resident of Tehsil Ghumarwin, District Bilaspur, therefore, he is presumed having roots in the society and there is no likelihood of his fleeing from justice.
5. Accordingly, the bail application is allowed and the interim order dated 19.06.2015 is confirmed, however, subject to the following conditions:-
(i) that the petitioner shall furnish personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of Learned JMIC, Ghurmarwin, District Bilaspur;
(ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) that the petitioner shall not tamper with the prosecution evidence or threaten the witnesses;
(iv) that the petitioner shall make himself available for interrogation by the police officer as and when required.
(v) that the petitioner shall not misuse his liberty in any manner.
Learned Judicial Magistrate Ist Class, Ghumarwin, District Bilaspur, is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.
6. 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.
Petition stands disposed of.
