Himachal Pradesh High Court: Justice Chander Bhushan Barowalia granted bail to the accused on facts presented.
The victim made a written complaint where she alleged that while she was going into the forest with her cattle, the Accused Dharmendra Kumar raped her and threatened here if she will inform this to anyone, her life would be in danger. The accused was arrested on complaint under Section 504, 376, 506, and 354-D(2) of Indian Penal Code, 1860 and was sent to custody.
Later a petition was filed for the bail. Counsel on behalf of the accused presented that that accused is 26 years old and is an abiding resident of a nearby village. The chance of tampering the evidence, running away, or obstructing justice is out of his ambit. Hence keeping him in the custody of a boundless period of time is not justified.
Counsel for the respondent, P.K Bhatia Kamal Kishore said that accused has been charged with a serious offence and shall not be given bail.
After hearing from both the parties court decided to grant bail to the accused, stating it would be unfair to keep the accused in custody for long provided he shall be available for investigation and while being a permanent resident of the place, he is not in a position to obstruct justice.