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Report by Tannu Dahiya

The High Court of Himachal Pradesh has granted bail to the petitioner in the case of Rohit vs State of Himachal Pradesh while hearing the same on 20th February, 2023.


Here the petitioner is a 28 year old man who is a permanent resident of Village Palsawan, Post Office, Chanog, Tehsil . He had been in a relationship with the respondent for the past three years. A FIR has been filed by her stating that the petitioner has been living with her and they had sexual relations repeatedly. But He refuses to marry her and had sexual intercourse by making false promises. 

Petitioner’s contentions:

The petitioner has prayed for grant of bail against the FIR no. 33/23 filed on 6th January 2023. He’s been in custody since then. He pleaded that the girl has been maintaining the relationship for a very long time . He accepted that his parents are against their marriage due to their caste differences. But he claims that he never made false promises to her and she voluntarily made physical relations with him. He is a permanent resident of village Palswan and promises to abide by all the terms and conditions which may be imposed. 

Respondent’s contentions:

The learned additional advocate general opposed the plea for bail on the grounds that the petitioner has committed serious offence. The investigation is under process and 

He may try to mess with the evidence if he is granted bail. 


The single judge bench after hearing both the parties , pronounced the judgement that the girl is mature enough to take decision when she indulges herself in any unwanted relationship. Also she has been in a relationship for so long. It would not be just if the petitioner is kept in custody for an indeterminate period. The apprehension that he may mess with the evidence, can be taken care of by putting certain terms and conditions on him. Hence keeping in view all the facts, the petition is allowed and bail is granted. However it will be subject to certain conditions which are :

  1.  He will appear before the court and investigation officer whenever required. 
  2.  Will not threat or induce any person who is related to the facts of the case.
  3. Will not mess with the evidences.
  4. Will not repeat the offence.
  5.  Will not act in a manner which will delay the trial in court.
  6. Will not leave India without the permission of court

The Investigation agency can move for quashing this order if the above said points are violated. 

READ FULL JUDGEMENT: https://bit.ly/3XMvsCL

Citation: Cr.MP(M) No.319 of 2023

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