The court emphasized that bail should be denied in serious offences like abetting rape, considering the gravity of the crime and potential influence on the victim.

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. 57 of 2024, dated 07.10.2024, for the commission of offences punishable under Sections 49 and 64 of Bhartiya Nyaya Sanhita (in short ‘BNS’) registered with Police Station Khudiyan, District Kangra, H.P. The police have filed the charge sheet before the Court on 20.02.2025 and the matter was listed on 15.03.2025 for office report. The petitioner has no concern with the commission of the crime. The petitioner is in custody for five months. No fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by all the terms and conditions, which the Court may impose; hence, the petition.

2. The petition is opposed by filing a status report asserting that the victim (name being withheld to protect her identity) is the wife of the petitioner. She had gone to the rented room of the petitioner in village Theel on 05.10.2024. Suresh Chand, a friend of her husband was also residing in the same room. The petitioner told the victim that Suresh ties the sacred thread. Suresh told the petitioner that the victim would have to remove her clothes. The petitioner asked the victim to remove her clothes. She refused but the petitioner forcibly removed her clothes. The petitioner had physical relations with the victim and thereafter he told his friend to maintain physical relations with the victim. She refused but Suresh raped her. She narrated the incident to her mother. She was taken to her matrimonial home. She narrated the incident to her sister-in-law, who accompanied her to the police station. The police registered the FIR and conducted the investigation. The statement of the victim was recorded before the learned Judicial Magistrate, First Class, Dehra. The recoveries were effected at the instance of the petitioner and Suresh Chand. As per the report of analysis, the DNA of Suresh Kumar matched the DNA found in the vaginal swab and the DNA of Suresh Chand was found on the salwar of the victim and the bed sheet. The challan was filed before the Court and the matter was listed on 15.03.2025 for the supply of supplementary challan. The petitioner has committed a heinous crime. He would intimidate the victim in case of his release on bail; hence, the status report.

3. I have heard Mr Rakesh Kumar Chaudhary and Mr Panku Chaudhary, learned counsel for the petitioner and Mr Ajit Sharma, learned Deputy Advocate General, for the respondent/State.

4. Mr. Rakesh Kumar Chaudhary, learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated. He is the husband of the victim and cannot be held liable for the commission of the rape. The affidavit has been sworn by the victim, which shows that the allegations made by her are false. Hence, 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 petitioner had abetted the commission of the rape of the victim by Suresh Chand. The report of analysis shows that the DNA of the petitioner and Suresh Chand were found in the vaginal swab, salwar of the victim and bed sheet, which corroborates the version of the victim regarding rape. Therefore, 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 as to 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 manne