VIJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Code of Criminal Procedure for releasing the Petitioner on bail in FIR No. 63 of 2011 registered on 01.03.2011 at Police Station, Indora, under Sections 452, 376, 504 and 506 Indian Penal Code. Status report has been filed.

(2.) THE learned Counsel for the Petitioner has stated that Petitioner is about 26 years of age, married, having a daughter and has been falsely implicated in the case. The Petitioner is the only bread earner of the family, No. recovery is to be made from the Petitioner. The investigation in the case is complete. No. purpose will be served by detaining the Petitioner in custody for indefinite period. In these circumstances, submission has been made for releasing the Petitioner on bail.

(3.) I have considered the rival contentions of the learned Counsel for the parties and have also gone through the record. The case has been registered on the basis of report lodged by prosecutrix aged about 57 years. In the report, she has alleged that she had been working as Peon in the Primary Health Centre. On 28.02.2011 during night she was sleeping in her room, at about 11.30 p.m., the Petitioner kicked the door of her room and on hearing kicks, she got up. She peeped through the window and enquired who was knocking the door. The Petitioner abused her and asked her to open the door on the ground that he had some work with her. She refused to open the door. In the meantime, the Petitioner broke open the planks of the door and again abused her and entered the room. He bolted the door from inside, switched off light and forcibly committed sexual intercourse with her. He threatened her that in case she would raise alarm, he would kill her. She has stated that out of fear, she remained silent.