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2013 DIGILAW 846 (HP)

SUNIL KUMAR @ SAHIL v. STATE OF HIMACHAL PRADESH

2013-09-26

SANJAY KAROL

body2013
JUDGMENT SANJAY KAROL, J. 1. SUB Inspector Ashok Kumar, SHO Police Station Kasauli, Distt. Solan, H.P. is present in Court. Status report filed. Record perused and returned. 2. F.I.R. No. 33/13, dated 1.5.2013 under Sections 363, 366 A, 376, 120 B of the Indian Penal Code was registered against Pradeep Kumar and Sunil Kumar @ Sahil at Police Station Kasauli, Distt. Solan, H.P. As per the case of prosecution, both the accused persons are involved in a serious offence. Prosecutrix, who is minor (aged 17 years), allegedly stands sexually assaulted by accused Pradeep Kumar. According to the police, accused took an active role in assisting his co accused Pradeep Kumar in kidnapping the prosecutrix who was subsequently subjected to sexual intercourse. Prima facie, complicity of his co accused Sunil Kumar the present petitioner, in the alleged offence, is borne out from the record. Prosecutrix was recovered from the surroundings of his house. In her statement prosecutrix has also disclosed his overt actions. As such, I am of the considered view that no case for grant of bail is made out by the petitioner who is involved in a heinous crime. 3. MR. O.C. Sharma, learned counsel for the petitioner has invited my attention to the decisions rendered by a Single Judge of Punjab & Haryana High Court reported in Kuldeep Kumar @ Goldy vs. State of Punjab, 2010 (3) Criminal Court Cases 865 (P&H) as also Allahabad High Court reported in Mahmood Muzaffar vs. State, AIR 1963 Allahabad 127 (V 50 C 45). In my considered view these decisions are based on the factual matrix and do not lay down any ratio of law. 4. WHILE granting bail, the Court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations. Thus taking into account the overall attending circumstances, without expressing any opinion on the merits, the present petition is dismissed. 5. Thus taking into account the overall attending circumstances, without expressing any opinion on the merits, the present petition is dismissed. 5. ANY observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above. 6. WITH the aforesaid observations, present petition stands disposed of.