PANKAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Sec. 439 of the Code of Criminal Procedure, for grant of bail in case FIR No. 07/2021, dtd. 12/1/2021, under Ss. 452, 376(1) and 506 of Indian Penal Code, registered at Police Station Baijnath, District Kangra, 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 12/1/2021, the prosecutrix (name withheld) along with her husband went to Police Station, Baijnath and reported that her husband works in a private company at Nalagarh, whereas, she reside with her two children. For their daily expenditure, her husband has given ATM Card to her. The prosecutrix does not know how to operate ATM Card and as such, she used to take the petitioner for withdrawal of money from ATM every month and the petitioner frequently used to visit her house. On 4/1/2021 around 9.00 p.m. the petitioner went to the house of the prosecutrix and by taking advantage of the fact that she is alone in the house, committed rape upon her. He also threatened her not to disclose the incident to anyone, otherwise he will tarnish her reputation in the society. Due to threat given by the petitioner, the prosecutrix did not disclose about the sexual assault committed upon her to anybody. On 7/1/2021, husband of the prosecutrix came back home from Nalagarh and on 9/1/2021, she mustered courage and disclosed the entire incident to her husband. However, after disclosing the incident, the prosecutrix being afraid of her reputation consumed insecticide. Thereafter she was taken to Baijnath Hospital, from where, she was referred to Tanda Hospital. On 11/1/2021, she was discharged from the hospital. On the basis of aforesaid allegations, FIR No. 07/2021, dtd. 12/1/2021, under Ss. 452, 376(1) and 506 of IPC, came to be registered against the petitioner. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a heinous crime and there is possibility that in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and also flee from justice.