RAJENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for grant of pre-arrest bail in case FIR No. 91 of 2022 dtd. 3/9/2022, registered at Police Station Karsog, District Mandi, H.P. under Ss. 376, 452 and 506 of Indian Penal Code.

(2.) Notice of the bail petition was issued to the respondent on 9/9/2022. Today, the status report has been filed on behalf of the respondent.

(3.) On 3/9/2022, the prosecutrix reported the matter to the police that on 25/8/2022, she was sexually assaulted by the petitioner in her house during day time, when none else was at home. The reason for delay in lodging the report has been stated to be the absence of the husband of the prosecutrix from home. Statement of prosecutrix under Sec. 164 Cr.P.C. has also been also recorded. The bail application has been opposed on the ground that the custodial interrogation of the petitioner is required and further that in case of release of petitioner on bail, he may overawe the prosecution witnesses including the prosecutrix.