KAMAL DEV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 149 of 2010 dated 25.7.2010 registered at Police Station, Ghumarwin, under Sections 376, 506 and 34 IPC.

(2.) IT has been stated that on 25.7.2010 prosecutrix has lodged a report at Police Station, Ghumarwin that on 13.7.2010 one Kakku called her on phone and asked her to come on the road. The prosecutrix reached the road, Kakku came there in a car and took her to Kandrour where Bikku was waiting for them. Kakku and Bikku took the prosecutrix inside the room in the tower and forcibly without her consent performed sexual intercourse with her and made her to stay for three days.

(3.) THE petitioner alongwith other accused had approached the court of learned Additional Sessions Judge, Ghumarwin, Camp at Bilaspur, for grant of bail but their bail application has been dismissed on 30.11.2010. THE petitioner thereafter filed Cr.M.P.(M) No. 1371 of 2010 which was withdrawn on 13.12.2010.