Allowed

Shashi Kant v. State of Hp

Himachal Pradesh HC5 Nov 2024CRMPM/2111/2024

Case brief

AI extract

What is this about?

An applicant seeking bail after a rape FIR and a second charge for unnatural offences. The court reviewed cooperation status and police requests. It converted an interim order into absolute bail conditioned on investigation cooperation and movement restrictions.

What did the court decide?

The interim order of protection dated 19.09.2024 was made absolute on the petitioner complying with specific bail conditions.

Shashi Kant Vs State of Hp — Cheating and Forgery | Himachal Pradesh HC (2024)

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( 2024:HHC:10677 )

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr. MP (M) No.2111 of 2024
Reserved on : 28.10.2024
Decided on : 05.11.2024
Shashi Kant ...Applicant
Versus
State of Himachal Pradesh …Respondent

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Coram

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The Hon’ble Mr. Justice V	irender Singh, Judge.
Whether approved for reporting?¹
For the applicant :	Applicant in person with Mr. Mukul Sood, Advocate.
For the respondent :	Mr. H.S. Rawat, Additional Advocate General, assisted by ASI Kamla, I.O. Women Police Station, BCS, Shimla.
	Complainant in person with
	Ms. Sunita Sharma, Senior
	Advocate assisted by Mr.
	Anirudh Sharma, Advocate.

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Virender Singh, Judge

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Applicant-Shashi Kant, apprehending his arrest, in FIR No.21/2024, dated 13.09.2024, registered under Sections 376(2)(n), 377, 417 and 506 of the Indian Penal Code (hereinafter referred to as ‘the IPC’), with

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1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

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( 2024:HHC:10677 )

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Women Police Station, BCS, Shimla, District Shimla, H.P., has filed the present application, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’).

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By way of the present application, the indulgence of this Court has been sought to direct the I.O./police of Women Police Station, BCS, Shimla to release the applicant on bail, in the event of his arrest, in the above noted case.

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The relief of bail has been sought on the ground that the applicant is innocent person and has been called by the Police of Women Police Station, BCS, Shimla, in the case, which has been registered at the instance of the complainant. He has given the history, as to how, he has come into the contact of the complainant and also the intimacy further developed in the proposal for marriage.

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It is the further case of the applicant that he and the complainant started talking with each other on social media platform. Later on, his cousin, who is stated to be a practicing Advocate at Sarkaghat, intimated him about the fact that, at the instance of the complainant, a

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3 ( 2024:HHC:10677 )

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case under Section 376 IPC, has been registered, against one person and it has also been disclosed to the applicant that the complainant is married and litigation is going on, with her husband, in the competent Court of law.

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It is the further case of the applicant that before registration of the present case, she has made complaint to the Police authority at Sarkaghat, in which, she has alleged that applicant is blackmailing and harassing her.

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On the basis of the above facts, learned counsel for the applicant, has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, any direction is issued to the Police/Investigating Officer, under Section 482 of the BNSS.

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On all these submissions, a prayer has been made to allow the application.

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When put to notice, the police has filed the status report, disclosing therein that on 13.09.2024, the complainant, along with her mother, appeared before the Police, disclosing therein, that she is resident of the address as mentioned in the complaint. According to the complainant, in the year 2023, a proposal for marriage has

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4 ( 2024:HHC:10677 )

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been received from the applicant, as well as, from his parents. The applicant was known to her, as, they used to talk with each other on phone.

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8.1. In the year 2024, after matching of horoscopes, betrothal ceremony was performed, in the presence of the family members and rings were exchanged. As per the complainant, in the month of April, 2024, applicant brought her to Shimla where, he has put forward the proposal of Court Marriage to save the money. Thereafter, in April and May, 2024, they had stayed in a rented accommodation at Shimla, where they had developed physical relations.

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8.2. Thereafter, the complainant is requesting the applicant to solemnize marriage, but, he used to linger on the matter, at one pretext or the other. Thereafter, the applicant was transferred to Kangra and he took the complainant with him to Dharamshala, where, they lived in a rented accommodation till August 2024 and also developed physical relations with each other. Thereafter, the applicant allegedly took her to a small temple, where

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5 ( 2024:HHC:10677 )

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vermilion was filled in the hair parting of the complainant and sacred thread was put around her neck.

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8.3. On 23.8.2024, the applicant allegedly requested her to go to her parents house. Thereafter, she made efforts to contact the applicant, but, he has not picked her phone and has blocked her number. Thereafter, she has made a complaint to the police at Sarkaghat, where one person, who came along with the applicant, has denied the factum of marriage, between the complainant and the applicant.

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8.4. It is the further case of the complainant that on 23.8.2024, the complainant met the applicant at Sarkaghat. They stayed in a Hotel, near Petrol Pump Sarkaghat, where the applicant had also developed physical relation with her.

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8.5. On the basis of the above fact, the FIR in question, has been registered and the criminal machinery swung into motion.

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8.6. It has been mentioned, in the status report, that the complainant was medico-legally examined, by the doctors at Shimla. During investigation, the statements of

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6 ( 2024:HHC:10677 )

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the complainant, as well as, her mother, under Section 180 of the BNSS, were got recorded, on 14.9.2024. The statement of the complainant-victim was also recored under Section 183 of the BNSS, in the Court of learned Judicial Magistrate First Class, Court No.5, Shimla, on 14.9.2024. In the said statement, the complainant had reiterated the allegations as levelled in the complaint.

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8.7. During investigation, the complainant has identified the relevant places, where they had stayed. The relevant documents, used by the applicant, for obtaining rooms, on rent, were taken into possession.

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On the basis of the above facts, on 19.09.2024, while issuing notice, interim protection was given to the applicant.

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In pursuance of the said interim protection, the applicant has joined the investigation. He has identified the rooms/Hotels, where he has allegedly stayed with the complainant. His medico-legal examination was also conducted on 21.9.2024.

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In the supplementary status report filed on 4.10.2024, it has been mentioned, by the police, that the

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applicant, not only raped the complainant, but, also committed the carnal intercourse against the order of nature, as such, Section 377 IPC was added, in this case.

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In the status report, which was filed on 16.10.2024, it has been mentioned that during investigation, the applicant has disclosed that the complainant has not disclosed about the material facts of her earlier marriage. The Police has also given the details of all those cases, which have been registered, at the instance of the complainant.

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In the supplementary status report, filed on 28.10.2024, similar facts have been mentioned.

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On the basis of the above facts, a prayer has been made to dismiss the application.

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In the status report(s), filed by the police, it has not been mentioned that the applicant has not co-operated with the investigation or he has not joined the investigation.

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The role allegedly played by the applicant, in the commission of the alleged crime, will be proved, by the prosecution, during the trial.

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8 ( 2024:HHC:10677 )

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The Police is not able to make out a case for custodial interrogation of the applicant, as such, there is no legal justification, for this Court, to reject the application, by withdrawing the interim protection, which was given to the applicant, vide order dated 19.9.2024.

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The complainant, in this case, has also put appearance. Ms. Sunita Sharma, learned Senior advocate assisted by Mr. Anirudh Sharma, Advocate, has vehemently opposed the relief, as sought by the applicant, on the ground that the applicant has been named, as accused, in a very serious and heinous offence.

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At the time of deciding the bail application, detailed discussion of the evidence, so collected, by the prosecution or about the defence, which has been taken, by the applicant, should be avoided, as, it would cause prejudice to the case of the prosecution, as well as, that of the accused.

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At the cost of repetition, it can be held that the applicant, in pursuance of the directions, issued by this Court, has joined the investigation and nothing is to be recovered from his possession or at his instance. All these

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( 2024:HHC:10677 )

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facts assume significance, as, in none of the status reports, filed by the Police, prayer for custodial interrogation has been made.

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Considering all these facts, the interim order dated 19.09.2024, passed by this Court, is hereby made absolute, subject to the following conditions:

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a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;

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b) The applicant will not leave India, without prior permission of the Court;

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c) That the applicant will 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/her from disclosing such facts to the Investigating Officer or the Court; and

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d) That the applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek exemption from appearance by filing appropriate application.

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Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present application.

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The applicant is directed to move regular bail application, when charge sheet will be filed in the Competent Court of Law.

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It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant.

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( Virender Singh ) Judge

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November 05, 2024 (ps)

Shashi Kant v. State of Hp

Case brief

What is this about?

What did the court decide?

Shashi Kant v. State of Hp

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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