The court emphasized that bail should be granted based on the accused's community ties and the nature of the allegations, not solely on the seriousness of the charges.

JUDGMENT
Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide F.I.R. No. 37 of 2025, dated 13.02.2025, registered at Police Station Dharampur, District Solan, Himachal Pradesh, for the commission of offences punishable under Sections 64, 69, 352, and 351 (2) of Bharatiya Nyaya Sanhita, 2023 (BNS). The victim was the petitioner’s tenant. She filed a civil suit, which was compromised in January 2025. The present complaint was filed on 13.02.2025. The petitioner is innocent, and he was falsely implicated. Petitioner is a permanent resident of District Solan, H.P. There is no chance of his absconding. He would join the investigation and also abide by all the terms and conditions which the Court may impose. Hence, the present petition.

2. The petition is opposed by filing a status report asserting that the victim made a complaint to the police asserting that the petitioner had told her that he was divorcing his wife. He liked the victim and wanted to marry her. He also introduced the victim to his mother. The victim was ready to marry the petitioner. The petitioner maintained physical relationship with the victim from September 2002 to October 2024. She became pregnant in February 2024 and August 2024, but she was forced to abort the fetus. She opened a shop in the petitioner’s building and agreed to pay monthly rent @ Rs.1500/- to the petitioner. The petitioner’s wife gave beating to the victim on 15th November, and thereafter the victim stopped talking to the petitioner. The petitioner disconnected the electricity connection on 30th December 2024 due to which shop remain closed. The petitioner has the victim’s photographs, and he is defaming her. He refused to marry her. The police registered the F.I.R., conducted the investigation, and filed a charge sheet. The matter was listed for consideration on charge on 28.02.2025. The petitioner can intimidate the witnesses in case of his release on bail. Hence, the status report.

3. I have heard Mr. Anirudh Sharma, learned counsel for the petitioner and Mr. Tarun Pathak, learned Deputy Advocate General for the respondent/State.

4. Mr. Anirudh Sharma, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The allegations in the F.I.R. do not show that any false statement was made by the petitioner regarding the marital status. The victim had filed a civil suit against the petitioner, which was compromised. The victim filed the F.I.R. to prevent her eviction. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

5. Mr. Tarun Pathak, learned Deputy Advocate General for the respondent/State submitted that the petitioner is involved in a heinous crime. He would intimidate the witnesses in case of his release on bail. He prayed that the present petition be dismissed.

6. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

7. The parameters for granting bail were considered by the Hon’ble Supreme Court in Ajwar v. Waseem (2024) 10 SCC 768: 2024 SCC OnLine SC 974, wherein it was observed as under page 783: -

“Relevant parameters for granting bail

26. While considering whether bail ought to be granted in a matter involving a serious criminal offence, the Court must consider relevant factors like the nature of the accusations made against the accused, the manner in which the crime is alleged to have been committed, the gravity of the offence, the role attributed to the accused, the criminal antecedents of the accused, the probability of tampering of the witnesses and repeating the offence, if the accused are released on bail, the likelihood of the accused being unavailable in the event bail is granted, the possibility of obstructing the proceedings and evading the courts of justice and the overall desirability of releasing the accused on bail. [Refer: Chaman