VIRESH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is accused in case FIR No. 183 of 2022, dtd. 22/8/2022, registered at Police Station, Baddi, District Solan, H.P., under Sec. 376 of the Indian Penal Code. Petitioner was arrested on 23/8/2022 and is in judicial custody since 25/8/2022.

(2.) The petitioner has prayed for grant of bail under Sec. 439 Cr.P.C. in the above noted case, on the ground that he is innocent and has been falsely implicated. It is submitted that it was the prosecutrix, who had called the petitioner at the Jhugi of one Smt. Gori and the allegations as alleged in the FIR were cooked up. Even as per the allegation of prosecutrix, petitioner was not instrumental in making any objectionable video. Petitioner has undertaken to abide by the conditions as may be imposed against him.

(3.) On notice, the respondent has filed the status report. It is revealed that on 22/8/2022, the prosecutrix reported to the police that petitioner was known to her for the last two-three months and petitioner had committed forcible sexual intercourse with her about 10-12 days back. Somebody had made her video viral and the name of maker of video was stated to be Babu. On registration of the case, the police started investigation. Petitioner was arrested on 23/8/2022. He remained in police custody for three days, whereafter he was remanded to judicial custody. The date of birth of the prosecutrix is stated to be 15/4/2004. After completion of investigation, the challan is stated to have been filed in the Court.