ROMESH CHANDERA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this application under Section 439 of the Code of Criminal Procedure, the applicant has prayed that he may be enlarged on bail in criminal case FIR No. 271 dated 23-9-2001 under Sections 376 and 506 of the Indian Penal Code registered at Police Station, Sadar, Shimla. He was arrested on 25-9-2001 and is presently lodged in judicial lock-up. He had earlier filed bail application before the Sessions Judge, Shimla on 26-9-2001, which has been rejected by order dated 3-10-2001.

(2.) This Court has heard the learned counsel for the applicant and the learned Addl. Advocate General and gone through the record.

(3.) In his order the Sessions Judge, Shimla has quoted in extenso the averments made by the applicant in his bail application filed before him and also referred to the evidence collected by the police to come to the conclusion that there is a prima facie case against the petitioner for the offence punishable under Section 376 of the Indian Penal Code. By taking into account the broad features of the case and the background of the incident, the Sessions Judge has refused to grant bail and dismissed the application.