INDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 238 of 2020, dated 02.10.2020, under Section 376 IPC, registered in Police Station Sadar Bilaspur, District Bilaspur, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of District Solan, H.P. 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 02.10.2020, mother-in-law of the prosecutrix/victim (complainant) got her statement recorded under Section 154 Cr.P.C. with the police, wherein she stated that 3-4 months back her daughter-in-law, prosecutrix/victim (name withheld) divulged that one Inder Singh (petitioner herein) tried to molest her, but the complainant did not believe the prosecutrix. On 02.10.2020, at about 01:30, when the prosecutrix went to bring grass, the complainant heard screams, so she went there and saw both the prosecutrix and the petitioner naked. The petitioner was committing rape on the prosecutrix, so the complainant clamored. The petitioner fled away from the spot. Thereafter, the matter, was reported to the police and ultimately a case was registered. Police carried-out investigation in the matter and relevant recoveries were effected. Initially, the prosecutrix denied for her medical examination. Police recorded the statements of the witnesses under Section 161 Cr.P.C. As per the medical opinion, the prosecutrix has mild mental impairment. The petitioner was arrested and was medically examined. Subsequently, the petitioner agreed for her medical examination, so she was medically examined and as per the medical examination, attempt of sexual assault was not ruled out. On 26.11.2020 statement of the prosecutrix, under Section 164 Cr.P.C. could not be recorded due to her mental illness and as per the medical report her mental age was assessed to be 11 years. After completion of investigation, police presented the challan in the learned Trial Court and now the case is listed on 17.04.2021. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, as he is very clever person and one more case under Sections 341, 323 and 506 IPC read with Section 34 IPC is registered against him, so the bail application of the petitioner be dismissed.