RATTAN KUMAR BHARDWAJ Vs. STATE OF H P.

JUDGEMENT

(1.) This order shall dispose of two Criminal Misc. Petition (M) Nos. 7iO of 1993, (Rattan Kumar Bhardwaj v State of H P.) and 543 of 1993 (Shiv Dayal and another v State of HP), respectively, arising out of the same impugned F I R, No 186 ot 1993 dated 1st June 1993, of Police Station, Rohru, Tehsil Rohru District Shimla, and involving common questions of law and facts.

(2.) Rattan Kumar petitioner is Naib -Tehsildar He had earlier moved a petition for his bail registered as Cr. M. P (M) No - 487 of 1993 which was rejected vide orders of this Court dated June 4, 1993. However, it was observed that the petitioner shall be at liberty to file fresh bail application seeking his release on bail if the putting of the challan is delayed or on other ground(s) if they emerge from the entire material collected by the prosecution agency.

(3.) Shortly stated, the incident relates to the commission of the offence of rape upon Smt. Sheela Devi, a married woman, in the absence of her husband, of village Kadhiun Teh. Rohru on May 29, 1993, in tbe evening, in between 7 p.m. to 8.30 p.m. Record shows that Sh. Mohan Singh, her husband, reached home and he ultimately on coming to know of this fact simply reported the matter to the police of Police Station Rohru vide D. D. No. 8 dated May3i, 1993. After lodging the report without giving details thereof, he told the police that he would come back after getting full information as to the manner in which the offence had been committed. However, the police on the following day reached the spot, recorded the statement of the victim and registered a Criminal Case vide the impugned F.I.R.