Himachal Pradesh High Court: A Single Judge Bench comprising of Chander Bhusan Barowalia, J. decided a criminal petition filed under Section 438 CrPC, wherein the petitioner was granted anticipatory bail considering the facts and circumstances of the case.

The petitioner was accused of committing offence punishable under Section 376 IPC. It was alleged that on the pretext of marrying the prosecutrix, the petitioner harassed her physically and mentally. Learned counsel for the petitioner submitted that the FIR was a result of some confusion that the petitioner was marrying another lady, however, such fact was denied by the petitioner. In fact, subsequently, the petitioner had married the prosecutrix. Counsel prayed that petitioner’s bail application may be allowed and he may be granted anticipatory bail.

The High Court perused the record and found that the fact of marriage between the petitioner and the prosecutrix was evident from the marriage certificate produced before the Court. Further it was observed that the petitioner was employed in the Indian Army; he was joining and cooperating in the investigation; and was neither in a position to flee from justice, nor in a position to tamper with evidence. Considering all these facts and circumstances, the Court held that this was a fit case to exercise judicial discretion in favour of the petitioner. Accordingly, the petition was allowed and the petitioner was granted anticipatory bail, subject to the conditions imposed. [Rajender Kumar v. State of H.P., 2018 SCC OnLine HP 357, dated 2.4.2018]


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