RAM PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure for grant of bail, in the event of his arrest, in case FIR No. 143 of 2021, dated 17.07.2021, under Sections 376 and 506 IPC, registered at Police Station Rampur Bhushehar, District Shimla, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. He is permanent resident of the place, thus neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 17.07.2021 the prosecutrix (name withheld) made a written complaint to the police alleging that one Ram Prakash (petitioner herein) despite being married, lied to her that he is unmarried. The petitioner gradually succeeded developing acquaintance with the prosecutrix and on 03.05.2021 he took her to a hotel, where he committed sexual intercourse with her. Thereafter, on three more occasions he committed sexual intercourse with her and started sending lewd messages. The petitioner also started threatening the prosecutrix that now onwards, in case she refuses to accompany him, he will tarnish her rapport. Upon the complaint, so made by the prosecutrix, the police registered a case and the investigation ensued. The police got the prosecutrix medically examined, statements of the witnesses were recorded and spot maps were prepared. Police visited the spots of occurrence and effected the relevant recoveries. Statement of the prosecutrix under Section 164 Cr.P.C. was also recorded. As per the police, DNA report is awaited and after receipt of the same challan will be presented in the learned Trial Court. Lastly, it is prayed that the petitioner was found involved in a serious offence and in case, at this stage, if the petitioner is enlarged on bail, he may flee from justice or tamper with the prosecution evidence, so the bail application of the petitioner may be dismissed.