AJAY 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. 87 of 2011 dated 15.6.2011 registered at Police Station, Dehra, under Sections 376, 452, 506 Indian Penal Code. The status report filed and the same has been perused.

(2.) IT has been stated that the Petitioner is 23 years old and the prosecutrix is married and is about 25 years old having two children and husband, who is serving as driver in HRTC. It has been stated that as per prosecution case on 14.6.2011 the prosecutrix was sleeping after giving food to her children and mother -in -law. At about 11.00 p.m. somebody knocked the door. On inquiry, the Petitioner told that he was there, the prosecutrix opened the door. The Petitioner entered and committed forcible sexual intercourse with the prosecutrix. After some time, there was a call in the name of Aju and the door of the house of the prosecutrix was knocked. On asking the mother of the Petitioner responded and Petitioner was found sitting in the room of the prosecutrix. The Petitioner and her mother went to their house. In the morning, the husband of the prosecutrix came and she narrated the incident to him. On this, case was registered.

(3.) THE bail application has been opposed by the learned Additional Advocate General on the basis of status report. It has been stated that the case has been registered on 15.6.2011 at the instance of prosecutrix aged 25 years. She has two children aged 5 years and 2 years. In the complaint to the police, she has stated that she is living in the house alongwith her children and mother -in -law. The room of her mother -in -law is at a distance of a few meters from her own room. The accused is nephew of the prosecutrix. She has stated that on the fateful night the accused had forcible sexual intercourse with her. Thereafter, he threatened that in case the incident is disclosed to anyone he would finish all of them. The husband of the prosecutrix came at about 6.30 a.m. on 15.6.2011 and then she narrated the incident to him. In the MLC of the prosecutrix possibility of sexual intercourse has not been ruled out. The challan has been submitted in the Court on 23.8.2011.