Fateh Singh vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 48 of 2021,

dated 24.02.2021, registered under Sections 376, 354A, 504 and 506 of the Indian Penal Code at Police Station Balh, District Mandi, Himachal

Pradesh.

The case of the prosecution is that a complaint was filed by the victim, who happens to be the daughterÂinÂlaw of the petitioner on 24.02.2021,

alleging that the petitioner (fatherÂinÂlaw of the victim) and also her husband used to maltreat the victim. Besides this, the petitioner outraged the

modesty of the victim on 2Â3 occasions when other family members were not at home. When she protested against said acts of the petitioner, she

was threatened by the petitioner with dire consequences. She complained to her husband about the act of the petitioner of outraging her modesty, but

her husband did not pay any heed. As per the victim, the acts of the petitioner outraging her modesty also stood recorded in a Video and when said

Video Clip was shown by the victim to her husband, she was physically abused even by her husband. Thereafter, she shared said Video with her

sister. Her mobile was subsequently taken into possession by her husband, who deleted the Video Clip. In these circumstances, the victim left the

matrimonial house and started living at her parental house in District Shimla. Post lodging of said FIR, the petitioner is stated to be in custody since

03.03.2021. A bail petition filed by the petitioner under Section 439 of the Code of Criminal Procedure before the Court of learned Sessions Judge,

Mandi, District Mandi, H.P. was dismissed by the said Court vide order dated 18.03.2021. Immediately thereafter, the present petition has been filed

by the petitioner.

Learned counsel for the petitioner has argued that the petitioner is innocent and the entire story against him has been concocted by the victim so as

to force a divorce between his son and the victim. Learned counsel has also submitted that the victim is blackmailing the petitioner and even

otherwise, the allegations are completely baseless, in view of the fact that the petitioner is paralytic. He further submitted that as now the investigation

is complete and challan has also been filed, no purpose is going to be served by detaining the petitioner in custody and, therefore, the petition be

allowed and the petitioner be ordered to be released on bail.

The bail application has been opposed by the learned Additional Advocate General, inter alia, on the ground that the offence alleged against the

petitioner is grave and further taking into consideration the relation between the petitioner and the victim, in the event of the petitioner being released

on bail, there is every possibility that he may not only win over the witnesses and influence the trial, but also create pressure on the victim. Learned

Additional Advocate General has also argued that taking into consideration the allegations made by the victim against the petitioner, otherwise also, in

the event of release of the petitioner, in the peculiar facts of the case, the same will have an adverse impact on the victim. He also submitted that as

the investigation carried out, demonstrates the involvement of the petitioner in the crime, therefore, at this stage, when the statements of the

prosecution witnesses have not yet been recorded, the petition deserves to be dismissed.

I have heard learned counsel for the parties and also gone through the order passed by the Court of learned Sessions Judge, Mandi as well as the

status report filed by the State.

Whether or not the petitioner is guilty of the offence alleged against him, is a matter of trial. At the stage of grant of bail, the basic parameters

which the Court has to take into consideration, inter alia, are (a) the gravity of the offence alleged; (b) the possibility of the bail petitioner evading trial

in the eventuality of grant of bail; and (c) the possibility of the petitioner committing the crime again in the eventuality of grant of bail.

Coming to the facts of the present case, herein the allegation which has been alleged against the petitioner is that he has outraged the modesty of

his daughterÂinÂlaw, in the considered view of the Court is an extremely serious allegation. The status report demonstrates that the investigation

which has been carried out by the police, prima facie, establishes the involvement of the petitioner in the offence alleged against him.

Be that as it may, this Court has already made an observation hereinabove that the offence alleged to have been committed by the petitioner is

grave and serious. In these circumstances, this Court is of the view that if the petitioner is ordered to be released on bail at this stage, then there is

every possibility that he may try to win over and influence the witnesses and the same will also have an adverse impact on the victim, who happens to

be the daughterÂinÂlaw of the petitioner. These circumstances, but obvious, may create an impediment in the course of a fair trial. Therefore, this

Court is of the view that the petitioner cannot be ordered to be released on bail at this stage and the petition is accordingly dismissed. It is clarified that

the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail application

and learned Trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during trial of the

case.