Delay In Lodging FIR Can't Be Taken Into Consideration While Dealing With Pre Arrest Bail Plea If Probe At Threshold: P&H High Court

The Punjab and Haryana High Court has observed that the delay in lodging the FIR cannot be taken into consideration at the stage of consideration of anticipatory bail when the investigation is at threshold.

Observing thus, the Bench of Justice Rajesh Bhardwaj denied anticipatory bail to one Maninderpal Singh who has been booked under Sections 354, 354- A, 354-D and 452 of IPC for allegedly stalking, sexually harassing and assaulting a girl with the intent to outrage her modesty.

The case in brief

Essentially, an FIR was lodged by the prosecutrix alleging that she is a student of BA studying at Punjabi University College Khuda. On April 1, 2021, when she boarded the bus, the accused caught hold of her arm and on raising alarm by her, he fled away from the spot.

On returning home, she disclosed the same to her parents, and on their protest, the accused tendered an apology in the presence of respectable of the village.

Thereafter in July 2021, when she was alone at home, the accused trespassed into her house and tried to kiss her. The prosecutrix raised an alarm and on hearing the same, the accused escaped from the spot.

In order to save the dignity of the family, she remained silent. However, the accused did not mend his ways and hence, the FIR was lodged to take legal action against the accused.

The Court Additional Sessions Judge, Bathinda denied him anticipatory bail, following which, he moved to the High Court contending that he has been falsely implicated in the case.

Court's observations 

Having perused the record of the case, the Court noted that in the instant case the prosecutrix had given the details of stalking by the petitioner and that he had alleged to have outraged the modesty of the prosecutrix repeatedly.

The Court further noted that the prosecutrix is a young college-going girl who is repeatedly being stalked by the petitioner and therefore, the delay in lodging the FIR cannot be taken into consideration at the stage of consideration of anticipatory bail when the investigation is at the threshold.

Further, the Court observed that the allegations against the petitioner are to be taken seriously, and thus, the case needs a thorough and fair investigation to unravel the truth, therefore, holding that the petitioner deserves no leniency for the grant of anticipatory bail, the Court dismissed the bail plea. 

Case title - Maninderpal Singh v. State of Punjab

Citation: 2022 LiveLaw (PH) 197

Click here To Read/Download Order