RISHAV @ SUBHAS Vs. STATE OF H.P.

JUDGEMENT

(1.) An under-trial prisoner, aged 23 years and is facing trial for committing gang rape with a minor child, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking interim bail, because of death of his mother, on 12.1.2021.

(2.) The bail petition is silent about criminal history, however, Mr. Anirudh Sharma, Ld. Counsel for the bail petitioner states on instructions that the petitioner has no criminal past relating to the offences prescribing sentence of seven years and more, or when on conviction, the sentence imposed was more than three years.

(3.) Mr. Anirudh Sharma, learned for the petitioner has argued that the petitioner is seeking bail for a limited period because the mother of petitioner has died on 12.1.2021. To support this fact he has annexed the certificate of Gram Panchayat, Dharampur. The petitioner had earlier approached the Sessions Court for grant of interim bail on the same grounds, but his request was rejected.