‘Classic case of complex human ties’: Himachal Pradesh High Court refuses to cancel bail of rape accused

“The present case is a classic case of a complex human relationship, as the applicant, on one hand, is seeking cancellation of bail, and on the other hand, has filed a petition…seeking maintenance from respondent No. 2 (accused). She has sought maintenance for herself, as well as her minor son,” the April 9 order read.

Tenant, assault and pregnancy

• The survivor filed a complaint alleging that she was physically exploited by the accused, her tenant, on the pretext of marriage.
• It was also claimed that due to the act of the accused, the survivor got pregnant in September 2024. It was further added that the accused had allegedly transferred a sum of Rs 40,000 to get the fetus aborted.
• The survivor also claimed that he refused to marry her and also threatened to kill her.
• When the survivor allegedly contacted his family members, they had also refused to get them married.
• Subsequently, the survivor filed the FIR in question, and criminal proceedings were initiated in March 2025.
• The accused was granted bail by this court in May 2025 by the Himachal Pradesh High Court.
• She further added that the accused is a very clever person, and after getting relief from this court, he had started threatening her directly and indirectly for not continuing with the criminal case.
• She also mentioned that he has involved his relatives and friends to achieve the said goal of pressurising the victim not to pursue the matter, and to enter into the compromise.
• It was further alleged that the accused had forwarded a request to her on the Instagram app, but the same was not accepted by her.
• She mentioned the conduct of the accused to showcase that he had violated the terms and conditions of the bail application granted to him in May 2025.

‘No case in her favour’

• The high court found that the survivor had filed the complaint against the accused through her counsel, before his employer, to terminate his services.
• It was noted that the stand of the accused, pointing out that she was hell-bent on harassing and humiliating him, cannot be brushed aside and cannot be said to be unfounded.
• The court held that the survivor was not able to make out a case in her favour for the cancellation of bail of the accused and disposed of her plea.

Arguments

• Appearing for the petitioner, advocate Virender Thakur argued that the survivor is already suffering stigma in society and also facing mental agony, and it is very difficult for her to keep herself and her newborn baby in a safe condition.
• Thakur added that the complainant is apprehensive that the accused may coerce her, as well as her witnesses and sought the cancellation of the bail granted.

• The accused’s counsel, advocate, denied the allegations with regard to the alleged threat, as well as the alleged violation of terms and conditions of the bail, and prayed to dismiss this plea filed by the survivor.