U-Turn By Prosecutrix Before Court Not Enough To Grant Bail To Accused: Punjab & Haryana High Court

A Single Bench of Justice Avneesh Jhingan observed that merely because the prosecutrix has not supported the allegations in deposition before the Court, it is not enough to grant bail.

The Bench further observed that it will be for the Police authorities to investigate the change in stance of the prosecutrix. The order stated,

"it would not be out of place to note that the nature of allegations made by the prosecutrix, especially the fact that the objectionable video and photographs were clicked were very serious. Now there appears to be a U-turn. It would be for police authorities, if so advised to look into the said aspect in view of the material available before it."

The observation was made while hearing the third bail application of one Subhash Chander, accused of intoxicating his daughter-in-law, committing rape, making objectionable videos of her, and blackmailing her.

Chander was booked by the Haryana Police under Sections 328 (Causing hurt by means of poison, etc. with intent to commit an offence), 376 (Rape) and 506 (criminal intimidation) of IPC.

The allegations against him were supported by the prosecutrix's statement under Section 164 before the Judicial Magistrate.

Before the High Court, the Petitioner-accused submitted that the prosecutrix has not supported the allegations while deposing before the Court.

Brushing aside this argument, the Single Bench observed that the issue with regard to the contradiction of statement under Section 164 CrPC and deposition before the Court, would be a subject matter of trial.

The Bench dismissed the bail application, noting that it is for the trial Court to weigh all the material and evidence before it.

Case Title: Subhash Chander v. State of Haryana

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