YOGESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Sec. 439 of the Code of Criminal Procedure seeking his release in case FIR No.24/2022 dtd. 14/3/2022, under Sec. 376 (2), 506 of the Indian Penal Code and Sec. 6 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Karsog, District Mandi, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 14/3/2022, the victim made a statement before the police, under Sec. 154 Cr. P.C alleging therein that she is studying in 11th Class and was residing in the house of her maternal grand parents. She knew the petitioner for the last more than one year and they started talking and meeting with each other. On 28/12/2021 around 9:00 p.m., when she was alone in her room, petitioner came there and they talked for a while with each other, thereafter, the petitioner forcibly committed rape upon her despite her objection and threatened her to kill her, if she raised any alarm. On the allegations of the victim/prosecutrix, FIR No.24/2022 dtd. 14/3/2022, under Sec. 376 (2), 506 of the Indian Penal Code and Sec. 6 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Karsog, District Mandi, was registered against the petitioner. Lastly, it is prayed that the instant bail application may be dismissed, as the petitioner has committed a serious offence and in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the instant bail petition may be dismissed.