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2025 Supreme(HP) 1028
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH, J.
Vikas Sidhu - Appellant
Versus
State of Himachal Pradesh & Another – Respondents
CrMP(M) No.: 2928 of 2024
Decided on : 01-01-2025
Important Points
Subject
Criminal Law - Bail Applications
Act Referred
Headnote
(B) Bail - Conditions - Acknowledgment of the applicant's mental and physical condition was critical - The court determined that the details of the prosecution's case were to be reserved for trial evaluation, thus impacting the decision on the bail application. (Paras 18, 22)
(C) Legal principles surrounding bail consideration - The court stressed that preliminary assessment does not equate to a full trial evaluation and highlighted the necessity of fairness to both parties in the case at hand. (Paras 18, 22)
For the Appellant :Mr. Suneel Awasthi, Advocate.
For the Respondent:Mr. Anup Kumar Rattan, Advocate General with Mr. Mohinder Zharaick and Mr. Tejasvi Sharma, Additional Advocates General, assisted by ASI Bhagat Singh, Women Police Station Solan, District Solan, H.P.
| Table of Content |
|---|
| 1. application for bail under bnss. (Para 1 , 2 , 3 , 4 , 5) |
| 2. allegations against the applicant. (Para 6 , 7) |
| 3. evidence and investigation details. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. prayer to dismiss bail application. (Para 15 , 16) |
| 5. court's reasoning on interim bail. (Para 17 , 18 , 19 , 20) |
| 6. conditions for interim bail granted. (Para 21) |
| 7. final order and instructions. (Para 22 , 23 , 24) |
JUDGMENT :
Virender Singh, J.
Applicant-Vikas Sidhu, has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNS S ’), with a prayer to direct the Police/Investigating Officer of Women Police Station Solan, District Solan, H.P., to release him on bail, in the event of his arrest, in case FIR No.51 of2024, dated 30.11.2024, registered, under Section 64 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘ BNS ’).
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case.
3. As per the applicant, he is visually impaired and has nothing to do with the alleged offence, in which, he has been arrayed, as accused.
4. According to the applicant, he is having no criminal history and is ready to abide by, in case, any direction is issued to the Police/Investigating Officer, under Section 482 of the BNSS .
5. On the basis of the above facts, a prayer has been made to allow the application.
6. On 21.11.2024, when the matter was taken up, the complainant-prosecutrix was ordered to be impleaded, as, party-respondent No.2. Notices were also served upon her, but, she has not opted to put appearance before this Court.
7. On notice, the police has filed the status report, disclosing therein, that on 30.11.2024, the complainant appeared before the Police and made a complaint, that her husband expired about one year ago. Thereafter, she had developed acquaintance with the wife of a Chowkidar working in the Girl School, who has disclosed that her brother-in-law is serving at Shimla and the said lady had allured her to get married to him.
7.1. Thereafter, the prosecutrix and the applicant had exchanged their phone numbers. On 26th November, 2024, they met at old bus stand, where, the applicant allegedly told the prosecutrix to sit in a room. Thereafter, on his insistence, she had gone to a room in a hotel, where the waiter was his relative.
7.2. Thereafter, after bolting the room from inside, the applicant has started doing obscene act with the prosecutrix and forcibly raped her. The applicant had allegedly not permitted her to leave the room and said that he will solemnize marriage with her.
7.3. On the next day, at 5.00 a.m., after taking bath, the applicant had gone to Shimla and thereafter, they were in touch on phone. He has disclosed to the prosecutrix that on 11th December, there is betrothal ceremony of his daughter and assured her that thereafter, he will solemnize marriage with her.
7.4. It is the further case of the prosecutrix that now, the applicant has refused to solemnize marriage with the prosecutrix. As such, she has prayed that action be taken against the accused.
8. After perusing the said status report, on 23.12.2024, interim protection was granted to the applicant with a direction to join the investigation and the matter was adjourned for 30.12.2024.
9. On 30.12.2024, the police filed the status report, according to which, the prosecutrix was medico- legally examined on 19.12.2024 and physical evidence, collected by the doctors, was taken into possession. The spot was visited and the spot map was prepared.
10. The applicant has joined the investigation on 24.12.2024. He was also medico-legally examined at Regional Hospital, Solan. During investigation, the applicant has disclosed that in the year 2002, he met with an accident at new bus-stand Shimla and he remained unconscious for three months and lost his eyesight. In the year 2023, in the heavy flood, his house has been damaged and his wife and daug
