Point of Law: Pre-trial incarceration is not rule. No fruitful purpose shall be served by detaining petitioner in custody for indeterminate period.

JUDGMENT :

Satyen Vaidya, J.

Petitioner has approached this Court for grant of pre-arrest bail in case FIR No. 06 of 2023, dated 07.02.2023, registered under Sections 354-A and 452 of IPC at Police Station, Mcleodganj, District Kangra, H.P. Petitioner was admitted to interim bail on 13.02.2023. He has joined the investigation thereafter.

2. It is alleged against the petitioner that he is working as Accountant in the office of the Divisional Forest Officer, Saluni, District Chamba, H.P. On 03.02.2023, he visited Dharamshala in relation with audit of the Data Entry Operators and was accompanied by the victim as also another female Data Entry Operator. They all stayed at Dharamshala on 03.02.2023 in a hotel. In the night, the victim had preferred to stay in her room, whereas others were enjoying the party. The victim was also forced to join the party, but being uncomfortable, she came back and slept in her room. She had bolted the room from inside. At about 2.30 a.m., she found that the petitioner was sleeping besides her on the same bed. He was holding the hands of the victim and tried to force his will on her. She could save herself with difficulty and the petitioner left the room through balcony. In the morning, it was found that petitioner had crossed over to the balcony of the room of the victim from the balcony of the room he was occupying.

3. On notice, respondent has filed the status report. Petitioner has already associated himself in the investigation. It is submitted that the CDRs of the mobile phone of petitioner was still awaited and the statement of female Data Entry Operator, who was accompanying the petitioner and victim on 03.02.2023 to Dharamshala is yet to be recorded.

4. On the other hand, petitioner has prayed for grant of bail on the ground that he is innocent. All the preliminary investigation in the case are complete and nothing is required to be recovered from him. It is also contended on behalf of the petitioner that he is permanent resident of Village Basanda, Post Office Garola, Tehsil Bharmour, District Chamba and is a Government servant. There is no likelihood of his absconding from course of justice. Petitioner has undertaken to abide by all terms and conditions as may be imposed against him.

5. I have heard learned counsel for the parties and have also gone through the records of the case.

6. Undoubtedly, the allegations against the petitioner are serious in nature. He is alleged to have taken benefit of the loneliness of a female by unauthorisedly and illegally intruding into her privacy, however, the allegations are subject to proof.

7. The respondent has not shown any requirement of petitioner for custodial interrogation. In fact, petitioner has already joined the investigation and in the given facts of the case, no fruitful purpose shall be served by allowing the petitioner to be detained in custody. Petitioner will get his due, in case the offence alleged against him is proved. Pre-trial incarceration is not the rule. Therefore, no fruitful purpose shall be served by detaining the petitioner in custody for indeterminate period.

8. The CDR of the mobile phone of petitioner is awaited and the same is to be procured by the Investigating Agency from the service provider. Petitioner cannot be said to have any access to the record of service provider. Similarly, the statement of another female official accompanying the victim and petitioner is required to be recorded. This again is the function of the Investigating Officer. It is not the case of respondent that the said official is under the influence of petitioner. In any event, the facts do not suggest that the said official was an eye witness.

9. Petitioner is permanent resident of Village Basanda, Post Office Garola, Tehsil Bharmour, District Chamba, H.P. and is a Government official. There is no likelihood of petitioner absconding or fleeing from the course of justice. The only concern of the Court at this stage is to ensure the fair and expeditious inve