SOLAN Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 303/2011, dated 19.12.2011, registered at Police Station, Baddi, under Sections 376G, 342, 506 IPC. It has been stated that petitioner has been falsely implicated in the case by the prosecutrix. The petitioner has been arrested on 20.12.2011. The petitioner is innocent. The investigation in the case is complete and no useful purpose will be served by keeping the petitioner in judicial custody any further. The challan has been submitted in the Court of learned Judicial Magistrate Ist Class, Nalagarh, on 14.03.2012. The petitioner is ready to furnish bail bonds. The submission has been made for releasing the petitioner on bail.

(2.) THE status report has been filed. It has been stated that on 19.12.2011 Sanjeev Kumar on telephone informed the police that a girl had come in the Village and complaining that she was wronged. The police reached the spot. The statement of the prosecutrix was recorded under Section 154 Cr.P.C. She has stated that on 18.12.2011 in the evening she had gone to Kishanpura bazaar for purchasing ration items. At about 6.30 p.m. near Kishanpura school, two boys Praveen Kumar and Sumit Kumar whom she knew came on bike and stopped near her. Sumit told that his sister -in -law was not well. He asked the prosecutrix to accompany him. The prosecutrix believed and went with them on bike. Both of them took her in a room in Phase -II, House No. 298, where three boys were already present in the room.

(3.) THE accused were arrested on 19.11.2011. The accused were got medically examined. The motorcycle was taken into possession along with documents. Ashish Kumar has been released o bail on 20.01.2012, Narender and Manoj Kumar have been released on bail on 05.04.2012. Praveen Kumar and Sumit are in judicial custody. The report from F.S.L., Junga has been received and rape on the victim has been confirmed. D.N.A. Profiling result of Praveen is awaited. The submission has been made for rejection of the bail application.