RAJ KUMAR KATHURIA Vs. STATE

JUDGEMENT

(1.) Petitioner seeks regular bail in FIR.No.2/2019 under Sections 354/354A/354B/376/34 IPC, Police Station Gandhi Nagar.

(2.) Allegations against the petitioner by the prosecutrix are that she is an owner of a particular shop and there is a dispute with the petitioner. She got information that some person had come to break open the lock of her shop. When she reached the spot, she found the petitioner there along with his brother with tools for breaking the lock and when she objected, it is alleged that they assaulted her and even committed the offence under Section 376 IPC by inserting his finger.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that there is a dispute with regard to possession of a shop and the possession is of the petitioner and not of the complainant. He submits that when the petitioner was at his shop, the respondent along with her husband and another person came to the spot and started assaulting him, on which he made a PCR.call at 10:26 pm. He submits that subsequently, PCR.call was made by the prosecutrix at 10:35 pm alleging that someone was attempting to break open the lock of her shop. Later on she changed her version and another call was made to PCR.alleging that someone had misbehaved with her.