HP HC | Undertrial prisoner requests bail in matter of S. 302 IPC at final stage while in custody for 6 years; Court allows petition

Himachal Pradesh High Court: Ajay Mohan Goel, J., allowed a bail petition to the petitioner who was in custody since 2014 in consonance with the FIR No. 59 of 2014, dated 20-05-2014, registered under Sections 498A, 302 and 201 of the Penal Code, 1860.

The accusation against the petitioner was that he was guilty of murdering Ms Vandana in the month of February, 2010, whom he had married in the month of February, 2009.

The Counsel for the petitioner, N.S. Chandel and Vinod Kumar Gupta, argued that the trial was at the stage of final arguments which presently stands deferred on account of COVID-19, as the statement of the petitioner under Section 313 CrPC stands recorded and that no purpose shall be served by detaining the petitioner at that point as he has already suffered a lot on account of his being in custody for almost six years. They further submitted that the evidence that had come on record demonstrated that the petitioner was not guilty of the offence alleged against him and there was every possibility of him being acquitted on merit. The Counsel for the respondent opposed the bail petition stating the gravity of the alleged offence and contended that the evidence that had come up during the course of trial, duly establishes the guilt of the petitioner and it would be desirable if the petition be dismissed.

The Court while allowing the petition explained that there was no doubt that the petitioner was facing trial under Sections 498A, 302 and 201 of the Penal Code, yet it remains a fact that he was in police custody since the year 2014 and that the contention of the counsel of petitioner that the custody of the petitioner now would not be serving any purpose as statement of the petitioner had also been recorded under Section 313 CrPC has merit and thus the petitioner should be enlarged on bail. [Ashok Rana v. State of Himachal Pradesh, 2020 SCC OnLine HP 1113 , decided on 31-07-2020]

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