JAI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, who is resident of Jharkhand and is aged 35 years is under incarceration for allegedly committing unnatural act with a cow has, come up before this Court seeking regular bail under Section 439 Cr.PC.

(2.) Based on a complaint, the police arrested the petitioner on 7th August, 2020, in FIR No. 130 of 2020, dated 7th August, 2020, registered under Section 377 of Indian Penal Code, 1860 (IPC), in Police Station Chowari, Distt. Chamba, Himachal Pradesh, disclosing cognizable and non-bailable offences. Earlier, the petitioner had filed a petition under Section 439 CrPC before the concerned Sessions Judge. However, vide order dated 5.9.2020 the Ld. Sessions Judge, Chamba Division, Chamba, HP, dismissed the petition. FACTS:

(3.) Briefly, the allegations against the petitioner are that on 7th August, 2020, complainant Ranjit Singh informed Police Post Sihunta, falling within the jurisdiction of Police Station Chowari, Distt. Chamba, that the petitioner, who is a mason, is his neighbour and when in the morning he went towards his cowshed he noticed that the petitioner was involved in an unnatural act with his cow. On this, he confronted the petitioner but he ran away from the spot. Based on this information, the police registered the aforesaid FIR against the petitioner.