HP HC | Bail granted to rape accused due to his young age and being found not in a position to tamper evidence or flee from justice

Himachal Pradesh High Court: Chander Bhusan Barowalia J. granted bail to the bail accused of facts and averments presented before him.

The facts of the case are that the prosecutrix made a written complaint wherein she alleged that one day while she was in the jungle grazing the cattle, one Dharmendra Kumar, i. e. accused committed rape and threatened her with life. After she made the complaint the accused was arrested under Section 376, 504, 506 and 354-D(2), Penal Code, 1860 and is behind bars since then. Hence the instant bail petition was filed.

Counsel for the petitioners, Ravi Tanta and Azad Kaith submitted that the accused is 26 years old and is a permanent resident of a nearby village hence he is not in a position to tamper with the evidence or flee from justice hence to keep him in custody for an unlimited period will not be justified.

Counsel for the respondents, S.C. Sharma, P.K. Bhatti and Kamal Kishore submitted that the accused is charged under a serious offence and hence is not liable to be released on bail.

After hearing both sides, the Court found it unfair to keep the accused behind the bars when he will be available for investigation and being a permanent residence of the place is not in a position to tamper with the evidence or flee from justice.

In view of the above, the bail is granted and petition disposed of.[Dharmendra Kumar v. State of H.P, 2020 SCC OnLine HP 1227, decided on 19-08-2020]


*Arunima Bose, Editorial Assistant has put this story together

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