AI Structured Summary
Not yet generated for this judgment
Judgment
Anoop Chitkara, J
FIR No.
Dated
Police Station
Sections
315
08.08.2021
City Hisar, Distt. Hisar (Haryana)
313, 376, 376(2)(n), 506 & 34 IPC
The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
In paragraph 17 of the bail petition, the accused declares that he has no criminal antecedents.
The prosecutrix alleged forcible sexual intercourse impregnating her, later on promise to marry to keep her quiet, recording of the sexual acts and subsequent blackmail and pressuring for abortion.
Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
Ld. counsel representing the State opposes bail.
REASONING:
The prosecutrix did not support her initial version while testifying in court and was declared hostile. However, it would be relevant to reproduce the paragraph 6 of the order passed by trial court rejecting the bail, which reads as follows:
“ASI Neera, the Investigating officer also showed video recording on her mobile phone. In first video clip, applicant-accused was lifting and removing the Salwar of prosecutrix forcibly whereas she was resisting and shouting. In second video clip, applicant-accused was tearing the shirt of prosecutrix and molesting her on a bed.”
Once the trial Court judge has referred to portions of the video where victim is being forced upon, has seen the video of the incident, there is no reason to discard the court’s observations.
An analysis of the allegations and evidence collected does not warrant the grant of bail to the petitioner.
Since the victim did not support her initial case, this court requests the trial court to expedite the trial on priority. Registry and the petitioner to communicate.
Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.
Petition dismissed in aforesaid terms. All pending applications, if any, stand disposed.