ONKAR CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner has approached this Court under Section 438 of the Code of Criminal Procedure praying for his bail in the event of his arrest in FIR No. 125 of 2010, dated 21.6.2010, registered under Section 376 of the Indian Penal Code.

(2.) THE petitioner alleges that one Smt. Nisha Kumari wife of Surinder Kumar has falsely implicated him alongwith other co -accused of raping her when she was alone in the house. One of the grounds urged for release him on bail is that the incident is of 10.6.2010, whereas the FIR was registered on 21.6.2010, almost after a period of 12 days. The petitioner again alleges that nothing is to be recovered from him and on this ground alone he has to be released on bail.

(3.) IT is also urged before me that even the report of the Forensic Science Laboratory, so far as the videography of the entire incident is concerned, does not implicate the petitioner.