Bail should not be granted in serious offences like rape, especially after trial commencement, despite discrepancies in the victim's statements.

JUDGMENT :

(Rakesh Kainthla, J.)

The petitioner has filed the present petition to seek regular bail. It has been asserted that the petitioner was arrested vide FIR No. 7 of 2024, dated 14.3.2024, registered for the commission of offences punishable under Sections 363 and 376 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences Act (POCSO) at the Women Police Station in Baddi, District Solan, H.P. The allegations against the petitioner are highly improbable. They contain serious defects, major contradictions, and inherent flaws. The victim changed her version in her recorded statements. The statements are contradictory and lack authenticity. There is no ocular or scientific evidence against the petitioner. The victim was over 17 years of age at the time of the incident. The matter was listed for consideration on charge on 16.12.2024. The prosecution has cited 26 witnesses, and it will take considerable time to dispose of the matter. Therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

2. The petition is opposed by filing a status report asserting that the informant made a complaint to the police, claiming that his daughter (the victim) had left home on 12.3.2024 without informing anyone. The police registered an FIR and conducted the investigation. They obtained call detail records and found that the mobile number registered in the victim’s brother's name had been in contact with Rohit. The police received confidential information and searched for the victim. She was located at Keshavpur Gurella, (U.P.) in the house of Bihari Ram, the father of the petitioner. Initially, the victim stated that she was living separately and that no wrong act had been committed against her. She also refused to undergo a medical examination. She later made a statement before the learned Magistrate, Nalagarh under Section 164 of the Cr.P.C. on 23.5.2024 asserting that the petitioner had taken her to Haridwar, Delhi, and Lakhimpur Khiri Gurella, where he had raped her. The police added Section 376 of the IPC and Section 6 of the POCSO Act. They arrested the petitioner, collected material objects, and sent them to the FSL. No blood or semen was detected in the material objects. The matter was listed for prosecution evidence on 10.2.2025. The prosecution has cited 30 witnesses, and no witness has been examined as yet. Hence, the status report.

3. I have heard Mr. Prikshit Sharma, learned counsel for the petitioner and Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent-State.

4. Mr. Prikshit Sharma, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. There are various contradictions in the statements of the victim recorded by the police, the Magistrate under Section 164 of Cr.P.C. and the Court during the trial. These contradictions are sufÏcient to cast a doubt regarding the prosecution's case. The petitioner has been in custody since 13.6.2024. The trial has not commenced, and the petitioner’s right to a speedy trial has been violated. Therefore, he prayed that the present petition be allowed and the petitioner be released on bail.

5. Mr. Ajit Sharma, learned Deputy Advocate General for the respondent-State, submitted that the victim stated on oath before the learned Magistrate and the Court that petitioner had raped her. This version has to be accepted prima facie as correct at this stage. The prosecution evidence has commenced and will be completed soon. Hence, 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 Ramratan v. State of M.P., 2024 SCC OnLine SC 3068, wherein it was observed as follows: -

“12. The fundamental purpose of bail is to ensure the accused's presence during the investigation a