MOHAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Mohan Singh alias Pawan Singh, who is behind the bars since 27/5/2021, has approached this Court in the instant proceedings filed under Sec. 439 of the Code of Criminal Procedure, praying therein to grant regular bail in case FIR No.27 of 2021, dtd. 27/5/2021, registered at police Station, Nankhari, District Shimla, H.P., under Ss. 376 and 511 of IPC.

(2.) Status report filed by the respondent-State in terms of order dtd. 1/10/2021, reveals that victim/ prosecutrix (name withheld to protect her identity), aged 68 years, lodged a complaint at police Station Nankhari, District Shimla, H.P., on 27/5/2021, alleging therein that in the evening of aforesaid date while she was coming back from her fields at Sainthal, present bail petitioner met her on the way and started hurling abuses. She alleged that when she objected, present bail petitioner made an attempt to outrage her modesty and also attempted to sexually assault her against her wishes by touching her private parts. In the aforesaid background, FIR, as detailed hereinabove, came to be lodged against the present bail petitioner and since then, he is behind the bars. Since, challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioner, he has approached this Court in the instant proceedings for grant of regular bail.

(3.) Mr. Desh Raj Thakur, learned Additional Advocate General, while fairly admitting factum with regard to filing of the challan in the competent court of law, contends that though nothing remains to be recovered from the bail petitioner, but keeping in view the gravity of offence alleged to have been committed by him, he does not deserve any leniency and as such, prayer made on his behalf may kindly be rejected outrightly.