High CourtsSingle Bench

Devi Singh vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 10 December 2020 · Citation: (2020) 12 SHI CK 0065

HON’BLE JUDGES
Ajay Mohan Goel, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 323, 344, 366, 376, 506
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (M) No.2122 Of 2020
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Judgment

16 paragraphs · 312 words

Ajay Mohan Goel, J

1.

Status report filed, which is perused and is ordered to be taken on record.

2.

By way of this bail petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No.25 of

2020, dated 26.06.2020, registered at Police Station Women, Mandi, District Mandi, H.P., under Sections 366, 376, 344, 323, 506 of the Indian Penal

Code.

3.

The petitioner had earlier approached this Court and the petition, bearing Cr.MP(M) No.1709 of 2020, titled as Devi Singh Versus State of

Himachal Pradesh, was dismissed as withdrawn, vide order dated 16.10.2020, on the request of learned counsel for the petitioner with liberty to file a

fresh petition at a subsequent stage.

4.

This petition has been filed after about ten days only without there being any substantial change in the circumstances. Learned Deputy Advocate

General informs the Court that the case is now listed in the month of March, 2021, for consideration on charge and taking into consideration the

gravity of offences alleged against the petitioner, there is each and every possibility that if the petitioner is released on bail, at this stage, he may try to

win over the witnesses and try to influence them, which may have adverse impact on the trial.

5.

This Court concurs with the submissions so made by learned Deputy Advocate General and taking into consideration the peculiarity of the

allegations, which have been levelled against the petitioner and further the fact that he is a local resident of the area, where the alleged offences have

taken place, this Court is of the view that release of the petitioner on bail, at this stage, shall be detrimental for the trial as the petitioner can influence

the witnesses and thus create hindrance in the course of the trial. Accordingly, this petition is dismissed.