GURMEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure for grant of bail in case FIR No. 135/2019, dated 29.06.2019, under Sections 376, 354D, 451, 366, 511, 506 and 34 of the Indian Penal Code (for short "IPC), registered at Police Station Nurpur, District Kangra, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is permanent resident of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 29.06.2019, the prosecutrix (name withheld) presented a complaint in the Police Station, Nurpur, against the petitioner, wherein it has been alleged that in the year 2017, she was studying in Girls School, Nurpur and was residing in her maternal grand father's house. Since the cousin sister of the petitioner, who was a bus conductor by profession, was also studying with the prosecutrix, she used to interact with the petitioner frequently. On 18.10.2018, when she was coming back from the house of her maternal grand father and was standing at bus stand, Jassur, the petitioner came there on his motorcycle and started asking her about the bus timings, to which, the prosecutrix replied that the bus will left for her village at about 4/4:15 p.m. and offered lift to the prosecutrix. Initially, the prosecutrix refused his proposal, however, at the insistence of the petitioner, she agreed to go with him. Accordingly, the petitioner took the prosecutrix to his house, where neither his mother nor his sister was present. Thereafter, he offered water and sweets to the prosecutrix and when she inquired about his mother and sister, he forcibly got her laid on the bed and ravished her. When the prosecutrix regain consciousness, he dropped her back to the Jassur bus stand. The petitioner also threatened her not to disclose the incident to anyone or else she would be killed. The petitioner continued to threaten her and on 16.05.2019 he came outside her college, snatched her mobile phone and removed its SIM card and used filthy language. On 28.06.2019, when mother and aunt of the prosecutrix were traveling in his bus, he also misbehaved with them. On the same day, in the evening he alongwith his relatives and friends came to her house in vehicles and threatened her to take away with him. On the basis of aforesaid allegations, FIR No. 135/2019, dated 29.06.2019, under Sections 376, 354D, 451, 366, 511, 506 and 34 IPC came to be registered against the petitioner. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a heinous crime. There is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.