LOBH SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused of offence under Ss. 376, 452 and 506 of the Indian Penal Code, in case FIR No. 137 of 2021 dtd. 22/11/2021, registered at Police Station, Karsog District Mandi, H.P. The petitioner is in custody since 24/11/2021.

(2.) Petitioner has approached this Court by filing petition under Sec. 439 Cr.P.C. for grant of bail in above noted case on the grounds that his implication is false and for ulterior motive. The purpose for implicating the petitioner in false case is to settle personal score. No legal evidence could be collected by the investigating agency to connect the petitioner with the alleged crime. The investigation is already complete and challan has been presented. Valuable right of personal liberty of petitioner shall be seriously infringed in case he is kept in custody till conclusion of trial. He is ready and willing to abide all the conditions, as may be imposed against him. petitioner has further undertaken not to tamper with the prosecution evidence.

(3.) In response, the respondent-State has filed status report. It is stated that on 22/11/2021, victim submitted a written complaint at Police Station, Karsog, District Mandi, H.P. alleging inter-alia that the petitioner has been harassing the victim for the last about 7-8 years and has been asking her to have physical relations with him. On 21/11/2021, petitioner repeatedly made phone calls to the complainant and uttered indecent words. On 22/11/2021, at about 12.30 P.M., the petitioner again called her on phone and thereafter he entered into the house of victim, kicked her and forcibly assaulted her sexually. As per victim, she was alone in the house at the relevant time and there was none present even in the neighborhood. Victim allegedly called her husband on phone and informed him about the incident. Petitioner after committing the offence fled from the scene and threatened her that he had raped her and she is free to do anything.