DINA NATH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case registered vide FIR No.38 of 2020, dtd. 20/3/2020, at Police Station, Hatli, District Mandi, H.P. under Ss. 363, 366, 376 and 506 IPC. Petitioner is in custody since 26/5/2020.

(2.) Petitioner has approached this Court for grant of bail, in above noted case, under Sec. 439 Cr. P.C., on the grounds that the case has been falsely foisted against him with the ulterior purposes. He is innocent. There was nothing in the First Information Report to implicate him. The victim and her mother have named the petitioner as an after thought. Petitioner is in custody since 26/5/2020. Pre-trial incarceration is violative of his rights. Petitioner has undertaken to abide by all the terms and conditions as may be imposed against him and has further undertaken not to tamper with the prosecution evidence.

(3.) Petitioner is stated to have approached this Court on more than one occasion for the grant of bail but has remained unsuccessful. It has been stated on behalf of the petitioner that his bail application being Cr.MP(M) No.1748 of 2021 was rejected by a co-ordinate Bench of this Court on 15/9/2021 with liberty reserved to him to file afresh after the statement of victim is recorded. Petitioner has placed on record a copy of statement of victim recorded on 9/4/2021 and 1/9/2021, respectively.