Case BriefsHigh Courts

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]

 

Case BriefsHigh Courts

Himachal Pradesh High Court: A Single Judge Bench comprising of Chander Bhusan Barowalia, J., decided a criminal petition filed under Section 438 of CrPC, wherein the prayer to grant anticipatory bail to the petitioners was denied holding that it would affect the investigation.

An FIR was registered against the petitioners under Sections 20 and 29 of the NDPS Act. The petitioners were named in the case by another accused Saleem, who was found in possession of the commercial quantity of contraband substance ‘charas’. The petitioners were absconding since arrest of the said Saleem. The petitioners prayed that they be granted anticipatory bail while the prosecution submitted that the investigation is still at early stages and if the petitioners are enlarged on bail, it might affect the investigation.

The High Court, while discussing the parameters which need to be considered while dealing with anticipatory bail, held that one of the parameters was that balance has to be struck between two factors, namely, no prejudice should be caused to free, fair and full investigation; and there should be prevention of harassment, humiliation and unjustified detention of the accused. The Court found that the investigation was at the initial stages and if at that stage the petitioners were enlarged on bail, the investigation would be hampered and there were chances that the petitioners would tamper with the prosecution evidence. The Court also took into account the seriousness of the offence, the fact that the petitioners were likely to flee from justice and the quantity of the recovered contraband was also found to be more than one kilogram, which was a commercial quantity. Thus, the Court was of the view that there was every likelihood that in case the petitioners were enlarged on bail it would effect free, fair and full investigation of the case, thus the balance was in favor of free, fair and full investigation and judicial discretion to admit the petitioners on bail could not be exercised in their favor. Accordingly, the bail was denied and the petition was dismissed. [Amru Ram v. State of H.P., 2018 SCC OnLine HP 161, order dated 27.2.2018]