SUMIT SINGH 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, under Sections 376G, 342, 506 IPC.

(2.) IT has been stated that the petitioner has been implicated in a false case. The petitioner is neither connected nor concerned in any manner with the commission of offence. The role attributed to the petitioner cannot be believed more particularly when it is clear from the prosecution case that prosecutrix was known to the petitioner as well as other accused.

(3.) THE status report has been filed. It has been stated that there are in all five accused namely Parveen Kumar, Ashish Kumar, Manoj Kumar, Narinder Singh and petitioner. The prosecution case is that prosecutrix was in Kishanpura Bazar, at about 6.30 p.m. Parveen Kumar and Sumit Kumar, petitioner who were known to prosecutrix came on motorcycle. Sumit told prosecutrix that his sister-in-law was not well and asked the prosecutrix to accompany them. The prosecutrix believed and accompanied them on the motorcycle. They took her in a room where three more boys were already there. On entering the room, Parveen Kumar bolted the door in which already three beds were lying on the floor.