SUMIT SINGH S/O SH. BARYAM SINGH PRO VILLAGE AND P.O. REAHAN, TEHSIL NURPUR, DISTRICT KANGRA, H. P. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 303 of 2011 dated 19.12.2011 registered at Police Station, Baddi, District Solan, under Sections 376G, 342 and 506 IPC. It has been stated that the case has been registered against the petitioner for offences punishable under Sections 376G, 342, 506 IPC. The prosecution story is that petitioner alongwith four other accused is involved in the rape case. The prosecution story is false and fabricated. The petitioner is in Jail for the last three months. The petitioner had filed bail application before the learned Sessions Judge, Solan, which was withdrawn on 23.3.2012. The other three Whether the reporters of the local papers may be allowed to see the Judgment? yes accused Ashish Kumar, Manoj Kumar and Narender Singh have been granted bail by the High Court on 20.1.2012 and 5.4.2012.

(2.) IT has been stated that the petitioner is innocent. He has committed no offence. The petitioner is ready to furnish bail bonds. It has been stated that investigation in the case is complete. The submission has been made for releasing the petitioner on bail.

(3.) SUMEET asked the prosecutrix to accompany him as his sister -in -law was not feeling well. The prosecutrix believed Sumeet and sat with them on the motorcycle. They took her in Phase -2, house No. 298 where three boys were already in the room. On her entering the room, Parveen Kumar bolted the door. In the big room, three beds were laid on the floor. The light was switched off and she was forced to lie on the bed and Parveen committed forcible sexual intercourse with her. It has been alleged that when prosecutrix cried for help then Sumeet raised the volume of T.V. and put his hand on the mouth of the prosecutrix and shut her mouth and threatened to kill her. Narinder Kumar who was present in the room with the intention to commit rape with her also teased the prosecutrix.