In the case of Santosh Balyani and Ors. vs State of Himachal Pradesh, the petitioners had allegedly violated and molested the complainant. The complainant filed an FIR for the same upon which the petitioners were arrested and have since been in custody. Subsequently, the petitioners applied for bail, which the Court approved. The Coram constituted of Mr Justice Vivek Singh Thakur.
Facts of the case
As per the status report, the complainant has been violated and molested. According to her, while she was travelling from her village to Mandi, she met the petitioner who happens to be her friend’s relative. The petitioner offered the complaint to come with him as he was also going to the same place. The complainant accepted. Both of them arrived in Mandi, and the petitioner again offered her to go back with him in the evening. The complainant accepted.
Subsequently, In the evening both of them met, and petitioner’s friend accompanied them as well. While they were going back to their village, they changed their way and took another road which was not the way for their village. Further, when the complainant asked the petitioner about the sudden change in the route, he stated that they have some work which they have to complete, and after that, they’ll go back to their village.
However, the petitioners did not go back to their village as again charged their route and one of the petitioners, Santosh started molesting her in the car while the other, Rajat drove. Further, the complainant resisted Santosh upon which Rajat stopped the car, and Santosh locked it from outside. Further, Rajat then violated her in the car.
Based on the aforementioned statements of the complainant, the police filed an FIR registered under Sections 376D ( Gang Rape), 354 (assault with intent to enrage the modesty of women). 506 (criminal intimidation) IPC in Women Police Station.
When the complainant was asked to give her medical examination, she refused to get examined as reported by the medical officer. Her statements were noted in MLC under which a doctor can consider an investigation by law enforcement agencies (and also superior military authorities) are needed.
According to the complainant, she has been feeling depressed as she has faced a loss due to fraud done with her and upon that this incident happened due to which her family members abused her and did not hear or believe her.
After these events, the complainant went to file complainant which the police filed under section 164 of Cr.P.C.
Arguments before the Court
The petitioners have prayed to be enlarged on bail. While, the complainant has claimed the petitioners to be guilty of enraging her modesty.
Observations made by the Court
The Court based on the aforesaid statements of the petitioner and the status report observed that the petitioners can be enlarged in this situation.
Court’s Judgement
The court allowed the petition. The court has ordered the petitioner to adhere to conditions of bail given by the court.
- First, the petitioners have to be present whenever needed and have to be cooperative with the investigation.
- Second, they should not influence any witnesses or tamper with any evidence or try to manipulate the investigation in their favour.
- Third, they should not commit a similar offence and misuse their liberties.
- Fourth, they have to keep the court updated about their whereabouts.
- Lastly, they are not allowed to leave India without prior permission.
The Court has further held that their bail can be cancelled if any of the said conditions gets violated and any more conditions can be imposed upon them if required.
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