The Himachal Pradesh High Court recently confirmed the pre-arrest bail of a man accused of rape, highlighting that the prosecutrix declined to undergo a medico-legal examination. The case was presided over by Justice Virender Singh, who emphasized the legal principle that an accused is presumed innocent until proven guilty.
"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."
Case Background
The accused had filed a bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), fearing arrest in connection with FIR No. 3 of 2025, registered under Sections 64(2)m, 69, 352, and 324 of the Bharatiya Nyaya Sanhita (BNS) at Police Station Janjehali, Tehsil Thunag, District Mandi, Himachal Pradesh.
According to the complainant, in January 2023, the accused visited her home at night while her husband was absent. He allegedly offered her a soft drink laced with an intoxicant, leading to a state of unconsciousness. The complainant alleged that the accused raped her and recorded an obscene video, later using it for blackmail.
Further, she stated that the accused had promised to marry and provide maintenance, but later refused both. The complaint also included allegations of an altercation on January 10, 2025, during which the accused reportedly destroyed her phone.
Police Investigation and Court Observations
The police filed a status report detailing that the complainant last accused the suspect of rape in March 2024. Despite this, she refused to undergo a medico-legal examination. Following this, the police added Section 351(2) of the BNS and took her to Civil Hospital, where she again declined the examination.
The Court noted that no other case was registered against the applicant and emphasized the principle of presumption of innocence.
"The role of the accused in the commission of the alleged crime will be proved during the course of trial. The accused 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."
Final Decision and Conditions for Bail
Considering the facts, the Court ruled that the interim bail granted on January 16, 2025, be made absolute, subject to specific conditions. The accused was directed to apply for regular bail once the charge sheet was filed.
"The applicant is directed to move regular bail application when the charge sheet will be filed in the Competent Court of Law."
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The State retains the right to challenge the bail if the accused violates any conditions.
Mr. Ashok Kumar Tyagi, Advocate for the applicant
Mr. H.S. Rawat, Mr. Mohinder Zharaick and Mr. Tejasvi Sharma, Additional Advocates General, with Mr. Rohit Sharma, Deputy Advocate General, assisted by ASI Bharat Chandel, I/O, Police Station Janjehali, Tehsil Thunag, District Mandi, H.P. for the respondent.
Title: XXX v. State of Himachal Pradesh
