Charan Dass vs State Of Himachal Pradesh

Ajay Mohan Goel, J

Status report has been filed, which is perused and taken on record.

Heard.

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 33 of 2020, dated 29.05.2020, registered at Police Station Arki, District Solan, HP, under Sections 376, 323 and 511 of the Indian Penal Code (hereinafter to be referred as 'IPC' for short).

Learned Counsel for the petitioner has argued that the petitioner is physically disabled and the allegations levelled against him are false and he is not guilty of the offences levelled against him. He submits that the petitioner is behind bars since 29.05.2020 and as the investigation is complete and no recovery etc. is to be effected at the instance of the petitioner, therefore, this petition be allowed and the petitioner be ordered to be released on bail.

Opposing the bail petition, learned Deputy Advocate General submits that taking into consideration the fact that the allegations levelled against the petitioner are grave and heinous, and further, as he is local resident of the area concerned, in case, the petitioner is ordered to be released on bail, same will seriously hamper the course of trial, because there is each and every possibility that the petitioner may try to win over and influence prosecution witnesses and he may also coerce the victim.

Having heard learned Counsel for the parties and perused the status report, this Court concurs with the submission so made by learned Deputy Advocate General that as the allegations levelled against the petitioner are grave and serious, no case is made out for grant of bail in his favour at this stage. The factum of the petitioner being physically disabled has also been seriously disputed by learned Deputy Advocate General, who has contended that on the strength of purported physical disability, from which the petitioner is suffering, the petitioner cannot pray for and be granted bail in a case wherein the offences alleged against him are of attempt to rape. This Court also is of the view that as the petitioner happens to be the local resident, his release on bail at this stage may hamper the course of trial as there is each and every possibility, as has also been contended by learned Deputy Advocate General, that he may try to win over and influence prosecution witnesses etc.

Accordingly, this petition is dismissed but the dismissal of this petition shall not come in the way of the petitioner to approach this Court afresh, if there is change in the circumstances.