AVINASH ALIAS MANU S/O SH. RAMESH CHAND R/O VILLAGE UPRALI GHOLI, TEHSIL FATEHPUR, DISTT. KANGRA, H.P. Vs. STATE OF H.P. THROUGH HOME SECRETARY GOVT. OF H.P.,

JUDGEMENT

(1.)

(2.) THIS is an application, under section 439 Cr.P.C., for releasing the petitioner on bail in FIR No. 69/12 dated 30.3.2012, registered at Police Station, Jawali, under sections 363, 366, 376, 120B IPC. It has been stated that petitioner has been falsely implicated in the above case. He is innocent and belongs to poor and respectable family. The petitioner is 22 years old. The complaint has been lodged by the father of the victim. In the complaint, it has been stated that victim had gone to bus stand for bringing milk on 28.3.2012 in the morning, but thereafter did not return. The victim in her statement, under section 161 Cr.P.C. has stated that she had gone to the market for some work on 20.3.2012, thereafter the petitioner and Pawan Kumar molested her. The victim did not disclose the incident to her friend when the victim allegedly went to the house of her friend. The case against the petitioner is fabricated. The victim had love affair with the younger brother of the petitioner, but due to enmity between the families of petitioner and victim, the petitioner has been falsely implicated in the case.

(3.) THE status report has been filed. On 30.3.2012 Pawan Kumar father of the victim submitted a written complaint in the police station. The complainant has stated that on 28.3.2012 his daughter at about 5.45 a.m. had gone to bus stand for bringing milk but did not return. She was searched, but could not be traced. Ankush had kidnapped her. The complainant had gone to the house of Ankush but he could not trace his daughter. On this, case was registered.