Point of Law: Offence of Rape – Grant of Bail taking into consideration of age of petitioner and manner in which the offence occurred.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure, for grant of bail in case FIR No. 07/2021, dated 12.01.2021, under Sections 452, 376(1) and 506 of Indian Penal Code, registered at Police Station Baijnath, District Kangra, H.P.

2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is permanent resident of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

3. Police report stands filed. As per the prosecution story, on 12.01.2021, the prosecutrix (name withheld) along with her husband went to Police Station, Baijnath and reported that her husband works in a private company at Nalagarh, whereas, she reside with her two children. For their daily expenditure, her husband has given ATM Card to her. The prosecutrix does not know how to operate ATM Card and as such, she used to take the petitioner for withdrawal of money from ATM every month and the petitioner frequently used to visit her house.

On 04.01.2021 around 9.00 p.m. the petitioner went to the house of the prosecutrix and by taking advantage of the fact that she is alone in the house, committed rape upon her. He also threatened her not to disclose the incident to anyone, otherwise he will tarnish her reputation in the society. Due to threat given by the petitioner, the prosecutrix did not disclose about the sexual assault committed upon her to anybody. On 07.01.2021, husband of the prosecutrix came back home from Nalagarh and on 09.01.2021, she mustered courage and disclosed the entire incident to her husband. However, after disclosing the incident, the prosecutrix being afraid of her reputation consumed insecticide. Thereafter she was taken to Baijnath Hospital, from where, she was referred to Tanda Hospital. On 11.01.2021, she was discharged from the hospital. On the basis of aforesaid allegations, FIR No. 07/2021, dated 12.01.2021, under Sections 452, 376(1) and 506 of IPC, came to be registered against the petitioner.

Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a heinous crime and there is possibility that in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and also flee from justice.

4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the police report(s), carefully.

5. The learned Counsel for the petitioner has argued that the petitioner is innocent and has been implicated in this case. He has further argued that the petitioner is permanent resident of District Kangra and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period. He has argued that keeping in view the material, which has come on record, and also the age of the petitioner and that of the prosecutrix, the bail application be allowed. Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a heinous offence, so at this stage, in case he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. He has prayed that the bail application of the petitioner be dismissed.

6. At this stage, considering the age of the petitioner and that of the prosecutrix, the manner in which the offence is alleged to have occurred, the fact that the petitioner is behind the bars for more than five months, the fact that the petitioner is permanent resident of District Kangra and neither in a position to tamper with the prosec