The petitioner cannot be kept behind the bars for an unlimited period, especially investigation is complete and challan has been presented. This honorable judgement was passed by High Court of Shimla in the case of Inder Singh Versus State of Himachal Pradesh [Cr.MP(M) No. 519 of 2021] by The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge.
The bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release, under Section 376 IPC, registered in Police Station Sadar Bilaspur, District Bilaspur, H.P. As per the averments made in the petition, the petitioner was innocent and had been falsely implicated in the present case. As per the prosecution story, mother-in-law of the prosecutrix got her statement recorded under Section 154 Cr.P.C. with the police, wherein she stated that 3-4 months back her daughter-in-law, divulged that petitioner tried to molest her, but the complainant did not believe the prosecutrix. When the prosecutrix went to bring grass, the complainant heard screams, so she went there and saw both the prosecutrix and the petitioner naked. The petitioner was committing rape on the prosecutrix, so the complainant clamored. The petitioner fled away from the spot. As per the medical opinion, the prosecutrix had mild mental impairment. The petitioner was arrested and was medically examined. The petitioner agreed for her medical examination, so she was medically examined and as per the medical examination, attempt of sexual assault was not ruled out. As per the medical report her mental age was assessed to be 11 years. It was prayed that the bail application of the petitioner be dismissed, as the petitioner had committed a serious crime.
The Court opinioned that, “the fact that the petitioner is permanent resident of Himachal Pradesh, so neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, the fact that investigation is complete, challan stands presented in the learned Trial Court, considering the fact that the petitioner is behind the bars for the last more than six months and cannot be kept behind the bars for an unlimited period, the petitioner is ready and willing to abide by the terms and conditions of bail.”
The court allowed the petition stating that, “it is ordered that the petitioner, who has been arrested by the police in case, under Section 376 IPC, registered in Police Station Sadar Bilaspur, District Bilaspur, H.P., shall be released on bail forthwith in this case, subject to his furnishing personal bond in the sum of `25,000/- with one surety in the like amount to the satisfaction of the learned Trial Court.”
