Pre-arrest bail is a privilege, not a right, and must be granted only in exceptional circumstances, considering the gravity of accusations.

JUDGMENT : 

RAKESH KAINTHLA, J.

1. The petitioner has filed the present petition for seeking pre-arrest bail in FIR No. 53 of 2025, dated 14.5.2025, registered at Police Station Gagret, District Una, H.P., for the commission of offences punishable under Sections 376, 511, 506 506 and 120-B read with Section 34 of the Indian Penal Code (IPC).

2. It has been asserted that an FIR has been lodged after an inordinate delay of 10 years, which reflects the abuse of the process of law. The present dispute stems from an incident that occurred in the year 2014, when a compromise was effected between the victim’s mother and co-accused Rakesh Shah. The informant made a complaint to Deputy Commissioner, Una, on 24.11.2022 against the petitioner, which was marked to the Superintendent of Police, Una. The inquiry was conducted by the Women Police Station, Una. No case was found against the petitioner after the inquiry. Another inquiry was conducted, which culminated into proceedings under Section 107/151 of Cr.P.C. Allegations of rape were found false. The informant filed a zero FIR alleging sexual abuse by the petitioner. The Investigating Officer visited Hoshiarpur for the investigation. The victim could not identify the hotel where she was victimised. The victim sought the help of the District Legal Services Authority, Una and filed a complaint against the petitioner and co-accused. The allegations are prima facie false. The information sent by the informant is covered by Section 162 of Cr.P.C., as an FIR No. 4 of 2023 was already pending investigation. The petitioner applied for pre-arrest bail, but his petition was dismissed. The FIR does not disclose that the victim’s consent was obtained fraudulently. The victim was aware of the facts, and she continued to engage in physical relations with the petitioner on her own. The consensual physical relation between two adults does not constitute the commission of rape. The Investigating Agency had initially concluded that no cognizable offence was made out and no FIR was registered. The victim had also stated that the petitioner is not Ajay Kumar, against whom she had made the allegations. The petitioner is ready and willing to join the investigation and abide by the terms and conditions which the Court may impose. Hence the petition.

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 some wrong act with her. The matter was compromised before the Panchayat, and the Panchayat also imposed a fine upon the petitioner. The co-accused told the informant’s parents that he would not do anything wrong with her. The accused forced the informant to marry him. The informant initially agreed, but the informant found out that he was acting at the instance of the co-accused. The accused also gave some drink to the informant. She became unconscious, and the co-accused raped her. The informant made complaints against the co-accused and the 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 conducted the investigation. 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 Bhartiya Nagrik Suraksha Sanhita, 2023, that she was raped by the co-accused. She 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 Rakesh. He called