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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Ritik – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Bipin Chander Negi,J.
The present bail petition has been filed under Section482 of BNSS, 2023 for grant of anticipatory bail, in FIR No.78 of 2024, dated 28.09.2024, registered at Police Station, Chirgaon, District Shimla H.P., under Sections 376 of Indian Penal Code.
2. Heard counsel for the parties. Perused the record. Status report filed, the same is taken on record. Copy whereof supplied to learned counsel appearing on behalf of the petitioner. 3. The victim in the case at hand stated that she is married in a place called Pekha. In January, 2024, the victim in order to meet her maternal grandmother came to Village Pekha, wherein she stayed at her maternal uncle’s house. Herein she met her nephew, the present bail petitioner. The victim alleged that the bail petitioner by extending a false promise of marriage with her, indulged in a sexual intercourse.
4. The victim in February, 2024 alongwith her children had taken a house at place called Jhamwari. It is alleged by the victim that petitioner had told her that since out of his wedlock, no child was born, therefore, he wanted to live with the victim. As per the victim, when her children had gone to Kinnaur, the bail petiti
The court distinguished between consensual sex and rape, emphasizing the victim's adult status and consent, leading to the granting of anticipatory bail.
The court emphasized the distinction between consensual sex and rape, ruling that personal liberty is paramount and should only be curtailed when necessary.
Personal liberty is a fundamental right that should only be curtailed when necessary, emphasizing the importance of the accused's cooperation and lack of criminal history.
Personal liberty is a fundamental right that should only be curtailed when absolutely necessary, emphasizing the non-punitive nature of bail.
The main legal point established is the need to carefully examine the nature of the relationship, the genuineness of the prosecution, and the balance between the rights of the accused and the interes....
The Court found that consensual relations under a promise of marriage do not always constitute rape, contingent upon the absence of bad faith in the promise.
The legal point established is that a false promise leading to sexual intercourse and breach of promise can constitute a prima facie case of kidnap, rape, and cheating under the Indian Penal Code.
Pre-arrest bail is granted where evidence does not warrant custodial interrogation, subject to conditions ensuring cooperation with the investigation.
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