The court emphasized that bail should not be denied without substantial evidence of interference with justice, allowing conditions to safeguard the process.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 53 of 2025, dated 14.05.2025, registered at the Police Station Gagret, District Una, H.P., for the commission of offences punishable under Sections 376, 511, 506, and 120B of the Indian Penal Code (IPC).

2. It has been asserted that, as per the prosecution, the victim made a complaint against the petitioner that he had sexual intercourse with her on the pretext of marriage on 05.01.2021 and 17.02.2021. The allegations made by the victim are false. She identified the hotel at Mukerian, District Hoshiarpur, Punjab, after seven months. The petitioner had filed an application seeking pre-arrest bail before this Court, which was dismissed on 11.11.2025. The petitioner preferred a special leave petition, which was also dismissed by the Hon’ble Supreme Court on 26.11.2025. The petitioner surrendered in the Court of the learned Additional District and Sessions Judge-1, Una, on 02.12.2025. The police have completed the investigation, and the petitioner’s custodial interrogation is not required. The petitioner belongs to a respectable family. He has roots in society, and there is no likelihood of his absconding. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The State has filed a status report asserting that the accused had harassed the informant at the instance of the co-accused. The informant’s mother took her to the co-accused when she was 16 years old. The co-accused served water to her, and she became unconscious. The co-accused took her to a room and did something wrong to her. The matter was compromised before the Panchayat, and the Panchayat also imposed a fine upon the co-accused. The co-accused told the informant’s parents that he would not do anything wrong with her. The petitioner met the informant. He asked the informant to marry him. The informant initially agreed, but she found out that the petitioner was acting at the instance of the co-accused. The petitioner offered some drink to the informant. She became unconscious, and the petitioner raped her. The informant made complaints against the petitioner and the co-accused before Deputy Commissioner, Una. The complaint was sent to the police, and a Zero FIR was registered on 15.05.2023. No action was taken. The informant made an online complaint. She also wrote letters to this Court. The matter was inquired through DLSA, Una. The police registered the FIR and investigated the matter. The victim was medically examined, and as per the report, the possibility of sexual intercourse in the past could not be ruled out. The victim made a statement before the learned Magistrate under Section 183 of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, that she was raped by the co-accused. She had narrated the incident to her family members, but no action was taken by them. She came in contact with the petitioner, who assured the victim that he would get the matter solved between her and the co-accused. He called her to Talwara. He offered a cold drink to her on 5.1.2021. She was lying unconscious in a room in a hotel. She found that the petitioner had raped her. The petitioner threatened the victim by saying that he had a video. The victim was taken to the spot, but she could not identify the hotel. The co-accused had filed a bail petition, which was dismissed by this Court. The petitioner joined the investigation, and as per the opinion of the Medical Officer, he was fit to perform sexual activity. The charge sheet has been filed before the Court. The petitioner surrendered on 02.12.2025 in