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Home » Case Briefs » Gravity Alone Cannot Be Decisive Ground To Deny Bail

Gravity alone cannot

be decisive ground to
deny bail
CASE BRIEFS HIGH COURTS

Published on February 5, 2018 – By Saba

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NAVIGATION
Himachal Pradesh High Court: A Single Judge Bench
comprising of Sandeep Sharma, J., decided a criminal petition
filed under Section 439 of CrPC, wherein it was held that
gravity of the offence can not be the sole ground to deny bail
to the accused, rather it has to be weighed with competing
factors.
The petitioner was accused in a criminal case registered
under Sections 366, 376 and 504 of IPC. It was alleged that
the petitioner took the prosecutrix in her car against her will,
threatened her to marry him, and committed sexual assault
on her. The petitioner denied the allegations, and submitted
that the prosecutrix went along with him of her own free will.
It was also submitted that the petitioner was a student aged
24 years, and if he is allowed to be incarcerated in jail for
indefinite period, it would prejudice his career and future.
The High Court after perusing the record, observed that the
prosecutrix along with her cousin went in the car of the
petitioner of her own will and prima facie material did not
show that she was threatened by the petitioner as they also
stopped at a certain place and had dinner where the
prosecutrix had a chance to raise an alarm, which she chose
not to. The Court referred to various decisions of the Supreme
Court to discuss the law and principles regarding the grant of
bail and reached the conclusion that gravity of offence has to
NAVIGATION
be weighed against other factors like nature of evidence,
severity of punishment, character of the accused and
circumstances peculiar to the accused involved in the crime.
Basing its decision on the observations made in the facts and
circumstances of the instant case, the High Court allowed the
petition and enlarged him on bail, subject to conditions
imposed. [Manoj Kumar v. State of H.P., 2018 SCC OnLine HP
118, order dated 19.1.2018]
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TAGGED WITH: Bail, grant of, gravity of offence

Written by Saba

NAVIGATION