RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) LEARNED Additional Advocate General has placed on record the status report and ASI Sheesh Pal, Police Station, Mcleodganj, District Kangra, the I.O., has produced the record. The accused -petitioner has been booked by the police of Police Station Mcleodganj, District Kangra in a case under Sections 354A, 323 and 341 IPC vide FIR No. 83/13 with the allegation that during the night intervening 14 -15.10.2013, around 10.30 PM he prevented the complainant while on her way from cowshed to the house from moving ahead and tried to outrage her modesty.

(2.) ADMITTEDLY , on that day the accused -petitioner was present in the house of the complainant. He had consumed liquor with her husband and it is around 10.30 PM on his way to his home happened to meet the complainant, who had been coming back from the cowshed. He allegedly pressed her breasts and outraged her modesty. She pushed him aside and he fell down. In that process, her nose pin got lost somewhere and she received injuries on her person. When came to house, she narrated the occurrence to her son and husband. The report could not be lodged during that night nor on the next day rather on 16.10.2013. The accused -petitioner has joined the interrogation, therefore, there is no complaint in this behalf. The present is not a case where custodial interrogation of the accused -petitioner is required. The manner in which the occurrence has taken place needs evidence, which the prosecution may produce during the course of trial. Since the accused -petitioner is permanent resident of District Kangra, this Court finds no reason as to why he will not be available to the police for the purpose of further interrogation if required and ultimately at the time of trial. Therefore, this application is allowed. It is ordered that in the event of arrest of the accused -petitioner in this case, he shall be released on bail on his furnishing personal bond in the sum of Rs. 25,000/ - with one surety in the like amount to the satisfaction of the I.O./Arresting Police Officer and shall also abide by the following conditions: - -