RAVINDER 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. 56/2020, dated 18.07.2020, under Sections 376 and 506 of IPC and Section 67 of IT Act, registered at Police Station Nahan, District Sirmaur, 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 18.07.2020, complaint of prosecutrix (name withheld), alongwith Rapat No. 13 was produced in Police Station Shillai, wherein it was alleged that in the month of February, the prosecutrix, who is pursuing her Graduation from Nahan College, become acquainted with the accused and started talking with him on phone. In the same month, the accused divulged her that today is his birthday and he called the prosecutrix in his birthday party. In the party, the accused was under the influence of liquor and he also served liquor to the prosecutrix. Thereafter, he took the prosecutrix to Renukaji Hotel at Nahan and during night hours, when the prosecutrix regained consciousness, she found herself in a naked state. Thereafter, on that night, they also made physical relations with each other. However, afterwards, the prosecutrix came to know from someone that the accused made her naked photo viral between his friends on Whatsapp and Facebook and when the prosecutrix asked her as to why he had done so, the accused threatened her not to disclose the incident to anyone, or he will implicate her and her family in a false case. On the basis of aforesaid allegations, FIR No. 56/2020, dated 18.07.2020, under Sections 376 and 506 of IPC and Section 67 of IT Act, 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.