Back
CHANDER BHUSAN BAROWALIA
Vikram Singh S/o. Sh. Jagdish Chand – Appellant
Versus
State Of Himachal Pradesh – Respondent
ORDER :
1. The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No.47/2022 dated 6.4.2022, under Sections 376, 506 of the Indian Penal Code and Section 6 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Puruwala, District Sirmour, H.P.
2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of the place 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 05.04.2022, the victim made a statement before the police, under Section 154 Cr.P.C, alleging therein that she is studying in 5th Class and residing with her parents. She knew the petitioner for the last more than one year and they started talking and meeting with each other. In the month of January, 2022, the petitioner telephonically called her to his house at Gondpu
Point of Law : Person cannot be kept behind the bars for an unlimited period.
Point of Law : Petitioner cannot be kept behind bars for an unlimited period, so petitioner may be enlarged on bail by allowing instant petition.
The petitioner 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 I....
Point of Law : It has been argued that the petitioner cannot be kept behind the bars for an unlimited period, so the petitioner may be enlarged on bail by allowing the instant petition.
Point of Law : 8. Complainant has willingly been staying with the appellant and had the relationship. Therefore, now if the relationship is not working out, the same cannot be a ground for lodging an....
The completion of investigation, lack of necessity for custodial interrogation, and the petitioner's readiness to abide by bail terms influenced the court's decision in granting bail.
Offence of Rape – Grant of Bail taking into consideration of age of petitioner and manner in which the offence occurred.
Point of Law : Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail, is required to be exercised in his favour.
Point of Law : 7. Petitioner cannot be kept behind bars for an unlimited period, as investigation is complete and challan stands presented in learned trial Court, fact that petitioner is neither in a....
Petitioner in the alleged offence, the bail petitioner cannot be enlarged on bail, as he can tamper with the prosecution evidence and also flee from justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
