Semil Malhotra v. State Of Ut Chandigarh
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. alleging therein that on 15.10.2022, the appellant who was her friend had invited her to join a party along with two of her female friends at some club at Panchkula. The prosecutrix had agreed to that. At about 11:00 PM, he picked up the
prosecutrix and her two friends and took them to the club wherein the prosecutrix also met the accused Krishna who was her friend as well as an instagram follower. The accused Krishna served liquor containing some intoxicating substance to her on consuming which she was not in her full senses. He took her outside and while forcibly making her sit in his car, he tried to commit rape upon her by removing her pants. While she was resisting his move, the co-accused Harsh also reached there and by taking her out of the car of accused Krishna, he took her to the back seat of his own car and committed rape upon her. The prosecutrix further alleged that she had lost consciousness thereafter and on gaining the same, she found herself to be taken somewhere by an unknown person, appellant, co-accused Yuvraj and Harsh.
They took her to some paying guest accommodation wherein the co-accused Harsh committed rape upon her and while their unknown friend tried to commit rape upon her, she tried to wake up the appellant who was sleeping there on a mattress, for her rescue but he did not respond. She somehow saved herself by bolting her inside the bathroom. In the morning, the accused persons got a cab booked and while advising her to not to dislcose about the incident to anyone, she was sent back to her house. 3.
After registration of FIR, the investigation proceedings were initiated. The accused Krishna, Rajat Thakur, Yuvraj Singh, Bhagat Singh and Harsh were apprehended. The appellant who is a juvenile was detained on 02.02.2023. Presently, he is facing trial as an adult before the Children Court. He had filed a petition for grant of regular bail which was dismissed vide order dated 03.04.2024 and aggrieved by the same, the instant appeal
has been filed by him.
4.
It is submitted in the grounds of appeal and it is argued by learned counsel for the appellant that there is delay of more than two and half months in lodging of the FIR. The appellant has been falsely implicated in this case. Infact, he is also one of the victims of the incident. He had remained in touch with the prosecutrix after the alleged incident and kept on sending her messages on whatsapp, which clearly show his non involvement in the commission of subject offences. The allegation of sexually assaulting the victim are not upon the appellant. The prosecutrix has since been examined and has admitted that she was never sexually abused by the appellant and also that the appellant did not even have any knowledge about the incidents which had happened with her on the fateful night in the club, wherein she had been invited by him.
There is no apprehension that he would tamper any record or win over any witness. The learned trial Court did not properly consider the provisions of Section 12 of the Act, 2015, as per which, he was entitled to be released on bail irrespectively the gravity of the allegations levelled against him. There is also nothing on record to show that his release would is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. The learned Children Court while dismissing the plea of the appellant for his release on bail did not take all these points into consideration and committed an error by holding that his release would expose him to social and psychological danger, though there was no basis for the same.
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