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Bail Judgment
Bail Judgment
ORDER:
The present bail application has been preferred by the
application are that the applicant is resident of Village and Post Office
Sholi, Tehsil Nankhari, District Shimla, HP, who has been arrested in
case. It is averred that the applicant has no prior criminal history and
would not tamper with the prosecution evidence in any manner and
bail.
reply.
she was coming back from her fields to her house. Then near Adda
When she asked him not to hurl abuses, then he started scuffle with
her and put his hand in her private parts and attempted to commit
rape upon her. Prosecutrix rescued some how from the clutches of
accused and reached her house and thereafter she lodged reported
with the police. Medical of the prosecutrix was got conducted. Police
before Ld. ACJM, Rampur Bushahr, from where he was sent in two
Nankhari.
for the bail applicant and Sh. Kamal Kishor Chandel, ld. PP for the
state and have gone through the record of the case carefully.
counsel for the bail applicant that the accused is innocent and is not
Ld. Counsel of the bail petitioner had also argued that the
the grounds that the applicant has committed a heinous crime and
prosecutrix as they both are residents of same area and prayed for
contentions of ld. Counsel for both the parties and carefully gone
9. The challan in this case has not been presented yet. Ld.
argued that even if the accusation are grave but other considerations
facts of these authorities are quite different from the case in hand. In
the present case, the accused is not only indulged in this case, but he
is also indulged in another case of similar nature, which fact has not
5 Mohan Singh Vs State of HP
but while filing the present bail application, the bail applicant did not
on facts. Ld. counsel for the bail applicant has also placed reliance on
concerned, in this case the Hon'ble Apex Court has considered mainly
regular bail are different. As such the ratio of this judgment cannot be
AIR 2005, Supreme Court 3490 has laid down that the matters to be
Mahimananda Misra (2018) 10 SCC 516 took the similar view that
while considering an application for bail, the court must take into
Nankhari, which is pending for trial, but while filing the present bail
application, the bail applicant did not whisper a word about his
and the accused also has previous criminal history. I do not want to
Tripathi as cited supra has held that the nature and gravity of charge
and likelihood of offence being repeated are the facts, which cannot
be ignored.
nature and gravity of offence and after going through the record of the
case, I am of the considered view that the bail applicant is not entitled
to bail at this stage. With the previous criminal history of accused, the
disposed of. File after its due completion be consigned to the record
room.