Punjab & Haryana HC: Bail granted to police officer accused of rape, corruption—Trial to decide allegations
Case Name: Gian Ishwar v. Central Bureau of Investigation, Chandigarh
Date of Judgment: January 9, 2020
Citation: CRM-M-18123-2019
Bench: Hon’ble Mr. Justice Arvind Singh Sangwan
Held: The High Court granted regular bail to the petitioner, a police officer facing allegations of rape, corruption, and false implication of accused persons. The Court noted that the petitioner had been in custody for about one year, the challan had already been filed, and the trial was likely to take time. Without commenting on merits, bail was considered appropriate given that the petitioner had no prior criminal history and certain investigative lapses, such as failure to examine key witnesses named in the medico-legal report, were evident.
Summary: The petitioner, then an ASI, was accused of demanding illegal gratification, committing rape on the prosecutrix (wife of an accused arrested in an NDPS case), and negligence in another incident involving a co-accused. The defence contended that the prosecutrix’s allegations were belated, inconsistent in timing (first alleged at 3 PM, later shifted to 4–5 PM), and possibly motivated due to cases pending against her husband. Reports by the DSP and SDM had also cast doubt on the veracity of the allegations, noting criminal backgrounds of her family and co-accused. The CBI, however, opposed bail citing threefold allegations of false implication, corruption, and sexual assault. The Court observed that although the doctor opined “possibility of sexual assault cannot be ruled out,” critical persons mentioned in the MLR (including a lawyer and typist allegedly approached immediately after the incident) were never examined under Section 161 CrPC. Considering the prolonged custody, pendency of trial, and absence of past misconduct, bail was granted.
Decision: Petition allowed. Petitioner ordered to be released on regular bail, subject to furnishing bail/surety to the satisfaction of the trial Court/Duty Magistrate.