Himachal HC: Delay in filing FIR cannot be ground for bail

A single bench of Justice Satyen Vaidya stated in his order that due to the nature of the crime, the mere delay is not sufficient ground. “No plausible reason has been made out at least prima-facie on behalf of the petitioners to cast any doubt on the prosecution story at this stage. Mere delay in lodging the FIR will not help the petitioners in their prayer for bail. Keeping in view the age of the survivor and she having been allegedly put into fear of life, the delay in lodging the FIR can be said to be explainable during the trial,” read the order.

The survivor’s lawyer contended in the HC that the crime had taken place on May 24 at a hospital in Paonta Sahib and due to fear, the 14-year-old had not discussed the incident with anyone. When the child became unwell, the actions of the two accused aged 26 and 36 years came to be known and an FIR was filed on May 30. The court further stated that given the age of the survivor, the “possibility” of the accused attempting to “influence” the minor could not be ruled out.