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2019 Supreme(HP) 228
IN THE HIGH COURT OF HIMACHAL PRADESH
VIVEK SINGH THAKUR, J.
Kamal Kant Singh - Appellant
Versus
State of Himachal Pradesh - Respondent
Criminal Miscellaneous Petition (Main) No. 9 of 2019
Decided On : 13-02-2019
Virag Kumar Aggarwal, Adv., Shalini Aggarwal, Adv., Vinod Kumar Thakur, Adv., R.R. Rahi, Adv.
The court's decision highlighted the importance of considering the circumstances and the accused's cooperation with the investigation when granting anticipatory bail in cases involving serious charges.
Headnote:
BAIL - Anticipatory Bail - Indian Penal Code - Sections 376, 417, 419 & 506 - Code of Criminal Procedure, Section 438
Fact of the Case:
The bail application was filed seeking anticipatory bail in a case involving allegations under Sections 376, 417, 419 & 506 of the Indian Penal Code, registered at Police Station, Kala Amb, District Sirmaour, Himachal Pradesh. The petitioner had joined the investigation, and the State Forensic Science Laboratory report was awaited.
Finding of the Court:
The court granted bail to the accused, subject to certain conditions, without delving into the merits of the case or the allegations and counter-allegations of the parties.
Issues: The main issue was whether the accused should be granted anticipatory bail in a case involving serious charges under the Indian Penal Code.
Ratio Decidendi: The court considered the circumstances and the fact that the petitioner had joined the investigation, and decided that it was a fit case to grant anticipatory bail, subject to specific conditions.
Final Decision: The court granted bail to the accused, subject to specific conditions, and allowed the prosecution to apply for imposing any other necessary conditions.
VIVEK SINGH THAKUR, J.
1. This bail application has been filed under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail in FIR No.149 of 2018 dated 15.11.2018, under Sections 376, 417, 419 & 506 of the Indian Penal Code, registered at Police Station, Kala Amb, District Sirmaour, Himachal Pradesh.
2. Status report stands already filed. ASI Hem Raj of Police Station, Kala Amb, District Sirmaur, Himachal Pradesh, is present along with record.
3. It is reported that the petitioner has joined investigation and the investigation is almost complete, however, report of the State Forensic Science Laboratory, with respect to the DNA Profiling is still awaited.
4. Prosecution case in brief is that on 15.11.2018, prosecutrix-complainant presented an application, under Section 156(3) of the Code of Criminal Procedure, before the Chief Judicial Magistrate, Nahan, District Sirmaur, Himachal Pradesh, praying therein for registration of FIR against the accused-petitioner, on the basis of which the aforesaid FIR was registered.
5. In the application, it is stated by the complainant that the accused by obtaining her consent deceitfully had solemnized marriage with her on 28.9.2015 in Hanuman Mandir, Naraingarh, by concealing the fact that he had been married to someone else earlier to that and thereafter, after living with her at her mother's house, on the asking of the accused, she took separate room for cohabitation, where they stayed for 7-8 days and thereafter the accused told her that he had lost his job at Shimmit UTSCH, Kala Amb and conveyed that he had to search for new job at Ghaziabad. Thereafter, he left the complainant with a promise to return. Where after, the complainant continuously tried to contact him on his mobile and during this time she also informed the accused about her pregnancy. Whereupon, the accused came to Nahan on 1.5.2017 and got the complainant admitted in the Hospital and had again left in the same evening on the pretext of joining his job at Ghaziabad. On 2.5.2017, the complainant had given birth to a male child. However, thereafter, the complainant did not return despite requests by the complainant. During the process, her mobile call was picked up by a boy, who informed her that he is son of the accused. Then she came to know that the accused was already married. Thereafter, she called the accused so many times, but he did not respond, leading to the filing of complaint before the Court in November, 2018.
6. It is the case of the accused that both he and the complainant were major and knowing well everything about his married status, complainant had entered into relation with him on 20.9.2014 and that he had never cheated the complainant nor concealed anything from her, who was regularly meeting with his family members, including his son and wife, but in order to harass and blackmail him, the present FIR had been lodged after due deliberations after a considerable long time. It is also the case of the accused that during 2012 to 2016, he was residing at Sunder Bagh Colony, Pucca Tank, Nahan, along with his wife and son Kshitij, and that his son was studying in Army Public School, Nahan. He has also placed on record photocopies of documents, indicating that his son Kshitij has been a student in the Army Public School, Nahan since 2012-13 to 2015-16.
7. Further, the accused has also placed on record photocopy of receipt dated 5.7.2016, issued by the Central Bank, regarding deposit of an amount of Rs. 5,000/- into the bank account of the complainant. He has also placed on record photocopy of transactions, whereby an amount of Rs. 7,000/- was transferred by him from his account with Punjab National Bank, through NEFT, into the bank account of the complainant.
8. Learned Deputy Advocate General has submitted that the accused is a resident of Ghaziabad (Uttar Pradesh), therefore, in the absence of a local surety it would be difficult to ascertain his presence during trial. Whereas, learned coun
