MANISH Vs. STATE OF H.P.

JUDGEMENT

(1.) A boy aged 22 years, who is now in judicial custody, allegedly for sitting on a parapet with a girl aged 16 years, who had left her home on her own to go to the temple and from where, according to her father, she was allured by the boy, has come up before this Court seeking regular bail.

(2.) A perusal of the petition reveals that the petitioner straightaway filed the bail petition before High Court, which is permissible given the decision of a three Judges Bench of HP High Court, in Mohan Lal v Prem Chand, AIR 1980 HP 36, (Para 9 and 15), wherein the Full bench holds that a person can directly apply for an anticipatory bail or regular bail to the High Court without first invoking the jurisdiction of the Sessions Judge.

(3.) In Para 8 of the bail application, the petitioner declares having no criminal history. The status report also does not mention any criminal past of the accused.