VINOD KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 14/2020, dated 13.03.2020, registered under Section 376 of the Indian Penal Code at Mahila Police Station Sadar, District Mandi, Himachal Pradesh.

(2.) The petitioner is stated to be in custody since 15.03.2020. The allegation against the petitioner is that on the night of 12.03.2020, he outraged the modesty of the prosecutrix by giving her the allurement of marriage. Learned counsel for the petitioner has argued that the allegations levelled against the petitioner are totally false and baseless. He submits that the petitioner is serving in the armed forces, who had come to his Home Town after availing leave. Learned counsel states that the prosecutrix otherwise also is habitual of levelling false allegations and previously also, she had levelled similar allegations not only against her husband, but also certain friends of her husband, which allegations were found to be incorrect and a cancellation report was accordingly filed in the appropriate Court by the Police. He further states that the petitioner has filed an affidavit dated 20.03.2020, which he has appended with an application which was subsequently filed in this bail petition, in which, the prosecutrix states that the FIR has been lodged on account of some mis-understanding and she intends to withdraw the same. He further submits that in the event of grant of bail in favour of the petitioner, he shall abide by the conditions imposed upon him and there is no possibility of his jumping the bail, as he is a local resident of District Mandi, Himachal Pradesh.

(3.) On the other hand, learned Additional Advocate General submits that taking into consideration the gravity of the offence, the bail petition be dismissed, because there is a possibility and probability that in case the petitioner is ordered to be released on bail, he may hamper the course of investigation of the case and may also try to win over the witnesses being a local resident.