Himachal Pradesh High Court Grants Anticipatory Bail To Rape Accused As Prosecutrix Refused To Undergo Medico-Legal Examination

The Himachal Pradesh High Court granted anticipatory bail to rape accused as the prosecutrix refused to undergo medico-legal examination.

The Court was considering a bail application on the ground that he is apprehending his arrest in FIR registered under Sections 64(2)m, 69, 352 and 324 of the Bharatiya Nyaya Sanhita.

The single-bench of Justice Virender Singh observed, "It has rightly been highlighted by the learned counsel appearing for the applicant that in the complaint, as well as, as per the stand taken by the police, the prosecutrix has refused to undergo medico-legal examination. Considering all these facts, this Court is of the view that the interim protection, granted to the applicant...."

The Applicant was represented by Advocate Ashok Kumar Tyagi while the Respondent was represented by Advocate H.S. Rawat.

Facts of the Case

According to the Complainant, in the month of January, 2023, the Applicant came to her house during the night hours. At that time, he was having some soft drink with him. The Husband of the prosecutrix was not present there. Thereafter, the Applicant coerced her to take the said soft drink, in which, according to the Complainant, he had mixed some intoxicated substance, due to which, the prosecutrix came under the influence of intoxication and the Applicant raped her. The Applicant was also stated to have recorded her obscene video and later, the Applicant started threatening the Complainant to make the said video viral. She has alleged that on the basis of the said video, the applicant used to rape her.

The Applicant had sought the relief on the ground that the police is pressing hard by calling him to the Police Station in connection with the complaint, made by the complainant, in this case. It was his case that the said case was falsely registered against him and he has nothing to do with the allegations, as levelled against him. Contrarily, he accused the complainant of blackmail. The relief was thus sought on the ground that he is a respectable person and having deep roots in the society.

Counsel for the Applicant gave certain undertakings, for which, the applicant was ready to abide by, in case, any direction is issued to the police/Investigating Officer, under Section 482 of the BNSS.

According to the Complainant, the Applicant had promised to marry and maintain her, but, now neither he is marrying her, nor, paying any maintenance to her.

Reasoning By Court

The Court at the outset noted that the Applicant has joined the investigation, was also medico-legally examined and as per the status-report, the investigation in the present case, is complete meaning thereby, the custodial interrogation of the Applicant is no longer required by the Police.

The role of the accused in the commission of the alleged crime, will be proved during the course of trial and is to be presumed innocent, till the conclusion of the trial and the bail application cannot be rejected as a matter of punishment, as, pre-trial punishment is prohibited under the law.

"Moreover, except the present case, no other case is reported to have been registered against the applicant. As such, the presumption of innocence is still available to the applicant," the Court added.

The Court took into account inter-alia, the fact that the victim has refused to undergo medico-legal examination and thereby allowed the relief of pre-arrest bail to the applicant.

The Application was accordingly allowed.

Cause Title: Maninder Kumar vs. State of Himachal Pradesh (2025:HHC:3553)

Appearances:

Applicant- Advocate Ashok Kumar Tyagi

Respondent- Advocate H.S. Rawat, Advocate Mohinder Zharaick, Additional Advocates General Tejasvi Sharma with Deputy Advocate General Rohit Sharma

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