1. The present bail petition under Section 438 of Code of Criminal Procedure arises out of FIR No. 74 of 2022, dated 13.06.2022, registered under Sections 376 and 506 of Indian Penal Code at Police Station Puruwala, district Sirmour, H.P.

2. A complaint was lodged with the police on 09.06.2022 by the prosecutrix, aged 24 years. The allegations in the complaint were that the petitioner and prosecutrix, with the blessings of their parents and family members performed an engagement ceremony on 10.03.2021 towards solemnization of their future marriage. Under the promise of solemnization of marriage with the complainant, the petitioner established forcible physical relations with her. However, subsequently, the petitioner backed out and did not fulfill his promise of marriage. The complainant also alleged that the petitioner, who is employed in Indian Army, had also threatened her with doing away with her life and that of her near and dear. On the basis of the complaint, FIR was registered on 13.06.2022.

Ad interim bail was granted to the petitioner on 28.06.022 subject to the conditions mentioned in the order.

3. Learned counsel for the petitioner submitted that the petitioner and the prosecutrix were engaged on 10.03.2021, but the petitioner had never established physical relations with the prosecutrix. The petitioner’s parents passed away on 08.05.2021 and 11.05.2021 respectively due to sudden heart attacks. In such a difficult situation, the complainant started harassing the petitioner. Seeing the conduct of the prosecutrix, the petitioner called off his engagement. Learned counsel further submitted that the petitioner has complied with the conditions of ad-interim bail order. He has joined the investigation and has been cooperating with the investigating agency. The petitioner is serving in Indian Army. His family members are dependent upon him. The petitioner has no previous criminal track record. The case registered against him at the instance of the complainant is completely manipulated. Learned counsel raised plea of innocence and false implication of the petitioner. Learned counsel prayed for confirmation of adinterim bail order and submitted that the petitioner will continue to abide by the terms and conditions of the bail.

Learned counsel for the complainant opposed the bail plea. It was submitted that the petitioner had established physical relations with the prosecutrix per force under the false promise of marriage extended to her.

Learned Assistant Advocate General argued that the petitioner is guilty of grave offence under Sections 376 and 506 of Indian Penal Code, therefore, the anticipatory bail of the petitioner deserves to be dismissed. However, learned Assistant Advocate General also submitted that in case the Court is inclined to confirm bail of the petitioner, the same be made subject to stringent conditions including the one that he shall not threaten or intimidate the prosecutrix and her family members in any manner whatsoever.

4. I have heard learned counsel for the parties and have also gone through the record produced by the investigating agency.

5. The prosecutrix is aged 24 years. As per her complaint dated 09.06.2022, the engagement ceremony between the petitioner and the prosecutrix was performed on 10.03.2021. Her allegation is that the petitioner had established physical relations with her by extending false promise of marrying her. It is her allegation that later on, the petitioner resiled from his promise, which he knew to be false at the relevant time. Prima facie, from the record, it appears that the engagement ceremony was performed between the petitioner and prosecutrix with the consent and blessings of their parents and family members. Therefore, at this juncture, it cannot be said that a false promise of marriage was extended to the prosecutrix by the petitioner. It has been submitted for the petitioner that he lost his parents in quick succession, but instead of sympathizing with him, the attitude of the prosecurix became hostile, compelling him to call off the wedding. The petitioner has denied having physical relations with the prosecutrix. In the complaint, the prosecutrix alleges that she got pregnant because of the forcible rape committed upon her by the petitioner and that it was the petitioner who gave her medicine to abort the pregnancy,whereas, in the fresh status report, the respondent reports that the sister of the prosecutrix got recorded her statement under Section 161 of Code of Criminal Procedure on 17.07.2022 to the effect that it was she, who had brought the medicine for terminating the alleged pregnancy of the prosecutrix and that she had given this medicine to the prosecutrix in their home at Kashipur. The complainant’s sister has also expressed her lack of knowledge about the medical store from where she had statedly purchased the medicine.

Taking into consideration the nature of allegations, the investigation carried out by the respondent at this stage, the mode and manner of commission of alleged offence, the stand taken by the prosecutrix in her different statements recorded by the investigating agency and all other attending circumstanes, in my considered view, no significant object will be achieved by sending the petitioner to judicial custody. The petitioner is a member of disciplined force with no criminal track record. It is not the case of the investigating agency that the petitioner has ever tried to misuse the liberty granted to him in the order dated 28.06.2022. For all these reasons, the instant petition is allowed. The interim protection granted to the petitioner vide order dated 28.06.2022 is made absolute subject to following conditions:-

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner will not leave India without prior permission of the Court.

(iv). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.

(v) The petitioner shall not contact, threaten or intimidate the victim/complainant and their family members in any manner whatsoever.

(vi). In case the petitioner is put to trial, then he shall attend the trial on every hearing, unless exempted in accordance with law.

(vii). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.