Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anoop Chitkara, J.
Simarjit Singh Bains - Appellant
Versus
State of Punjab - Respondent
Criminal Miscellaneous Petition (M) No. 44422 of 2022 (O&M)
Decided On : 25-01-2023
Bail - Rape Allegations - 376, 354, 354A, 506, 120-B IPC & 376-2(N), 201 IPC - The court discussed the bail application of the accused petitioner, who was alleged to have committed rape upon the prosecutrix. The court considered the criminal antecedents of the petitioner, the allegations made by the victim, and the arguments presented by both the petitioner's counsel and the State. The court granted bail to the petitioner with stringent conditions to ensure the safety of the victim and witnesses.
Fact of the Case:
The petitioner sought bail in a case where he was accused of committing rape upon the prosecutrix. The State opposed the bail citing the criminal past of the accused and the victim's allegations of repeated sexual assault.
Finding of the Court:
The court found that the petitioner's criminal antecedents and the victim's allegations were crucial in determining the bail application. The court also emphasized the need to balance the accused's liberty and the necessity of a fair trial.
Issues: The key issues revolved around the petitioner's criminal antecedents, the victim's allegations, and the need to ensure the safety of the victim and witnesses.
Ratio Decidendi: The court's decision was influenced by the petitioner's criminal antecedents, the victim's allegations, and the need to impose stringent conditions to prevent the accused from repeating the offence or influencing the investigation.
Final Decision: The court granted bail to the petitioner with stringent conditions to ensure the safety of the victim and witnesses.
JUDGMENT
Anoop Chitkara, J. -
FIR No.
Dated
Police Station
Sections
180
10.7.2021
Division no.6, Commissionerate of Police, Ludhiana, District Ludhiana.
376, 354, 354A, 506, 120-B IPC & 376-2(N), 201 IPC
1. The petitioner incarcerated in the FIR captioned above, on the allegations of committing rape upon the prosecutrix, has come up before this Court under Section 439 CrPC seeking bail.
2. As per paragraph 25 of the bail petition, the petitioner was taken in custody on 11.7.2022. The petitioner has not mentioned his criminal antecedents in the present petition. However, as per paragraph 17 of the reply filed by the State by way of affidavit of Commissioner of Police, Industrial Area-B, Ludhiana, the petitioner-accused is involved in as many as 23 more cases, which are pending at different stages. Perusing the criminal antecedents of the petitioner, it appears that the petitioner is a political activist and agitationist and large number of cases points towards the same.
3. It would be expedient to give a brief reference to some of the connected cases listed along with this petition, as under: -
A. CRM-M-39489-2020 xxxx (name Withheld) Vs. State of Punjab & others:
Vide this petition, the prosecutrix came up before this Court under Section 482 CrPC seeking protection of her life and liberty, apprehending danger at the hands of accused Simarjit Singh Bains, respondent no.5; registration of FIR under Section 376 IPC, 120-B IPC, and other directions.
In paragraph 2 of the reply filed in this petition, Assistant Commissioner of Police Ludhiana stated that the prosecutrix had filed a complaint dated 16.11.2020, in which she had alleged that the petitioner- Simarjit Singh Bains, had raped her. Apart from that, the petitioner filed various other complaints on the same subject. Commissioner of Police Ludhiana constituted a Special Investigating Team (SIT) on 10.2.2022 to inquire into the complaints. The SIT recorded statements of the prosecutrix and collected her call details and Whatsapp messages.
In the meantime, the prosecutrix also filed a complaint under Section 156(3) CrPC before the Court at Ludhiana, and vide order dated 7.7.2021, the concerned ACJM, Ludhiana, directed registration of FIR, and consequently, the present FIR was registered against Simarjit Singh Bains and his six accomplices namely Karamjit Singh, Baljinder Kaur, Jasvir Kaur, Sukhchain Singh, Paramjit Singh, and Goggi Sharma. The mobile phone of the petitioner was also taken into possession to retrieve the WhatsApp messages as evidence. It was also stated that to protect the life of the prosecutrix; four police personnel were deputed. On 8.4.2022, the said petition was dismissed as withdrawn because the prayers were met, i.e., FIR registered, and Security provided.
B. CRM-M-26627-2021 Simarjeet Singh Bains Vs. State of Punjab & another:
Challenging the order dated 7.6.2021 passed Additional Sessions Judge, Ludhiana, whereby the complainant's application filed under Section 156(3) CrPC was treated as a complaint case, was set aside, and the trial Court was ordered to decide the same afresh, the accused-petitioner had come up before this Court under Section 482 CrPC.
Vide order dated 23.7.2021, a coordinate Bench of this Court had dismissed the said petition.
C. CRM-M-19489-2021 Simarjeet Singh Bains Vs. State of Punjab
Vide this petition, filed under Section 482 CrPC; the accused-petitioner sought a quashing of the order declaring him proclaimed offender in the FIR, as mentioned above. However, vide order dated 10.6.2022, the said petition was disposed of and rendered infructuous.
D. The other accused had also filed similar petitions and vide order dated 10.6.2022, a coordinate Bench of this Court did not grant any relief.
4. I have gone through the said files, and there is no need to refer to the bulky record, and this Court has referred to the record relating to the present bail application of the accused petitioner only. However, the court has gone through the facts leading to the re
AI
The main legal point established in the judgment is the need for judicious exercise of discretion in granting bail, balancing individual rights with the right of police investigation, and imposing re....
Anticipatory bail should be granted unless compelling reasons exist, particularly for first offenders, emphasizing the balance between personal freedom and investigation rights.
Under Section 207, Cr.P.C., accused is entitled to copy of statement under Section 164 Cr.P.C. only after concerned Court takes cognizance of offence. Still, there is no restriction or bar on an inve....
The main legal point established is the court's discretion in granting anticipatory bail, considering the prima facie case, the accused's behavior, and the protection of the victim's interests.
The court considered the contradictory statements of the victim and the lack of evidence in granting bail to the petitioner, emphasizing the need for stringent conditions to prevent any influence on ....
The court emphasized that bail should be granted based on the credibility of allegations and the necessity to prevent witness tampering, establishing stringent conditions for the accused.
The main legal point established in the judgment is the discretion of the court in granting bail, the need for judicious consideration of bail petitions, and the imposition of stringent conditions to....
The grant of bail must consider the cumulative effect of various circumstances justifying the grant or refusal of bail, and stringent conditions can be imposed to prevent influencing the investigatio....
The court established that bail should be granted unless there are compelling reasons to deny it, emphasizing the need for a fair trial and the protection of the accused's rights.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
