Himachal Pradesh High Court: A Single Judge Bench comprising of Sureshwar Thakur, J. allowed a bail application owing to the vague and unclear FIR.
The petitioner has requested for the grant of anticipatory bail under Section 438 CrPC wherein he has been accused of offences punishable under Sections 376 and 506 IPC.
The prosecutrix has alleged forced sexual intercourse being subjected to her by the applicant. But what has to be taken into consideration was the date of the incident which was 2016 also she was unclear about the date and month of the act. Plus from the contents of the FIR, the whole narration of the incidence does not seem forced but rather vague and nebulous. The Court also considered the fact that she was married but didn’t disclose the matter to her husband which again acquires an aura of falsity.
Accordingly, due to the weak testimony of the prosecutrix along with the fact that the applicant showed the fullest cooperation in the investigation, the bail application stood allowed. [Madan Lal v. State of Himachal Pradesh,2018 SCC OnLine HP 1702, decided on 28-11-2018]
