RATTAN KUMAR BHARDWAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) This is an application under Sec. 439 of the Code of Criminal Procedure for releasing the Petitioner-applicant on bail.

(2.) I have heard the learned Counsel for the parties. Police record have been produced and perused by me minutely.

(3.) Smt. Sheela Devi w/o Sh. Mohan Singh, resident of village Karhiun, Tehsil Rohru, District Shimla, is alleged to have been raped by the applicant-a Naib Tehsildar at Tikkar and his companions, namely, S/Shri Shiv Dayal, Halqua Patwari and Kalag Ram, Vice-President, Gram Panchayat, Karhiun, on 29th May, 1993. in between 7 p.m. to 9 p.m. The prosecution case further is that two major brother-in-laws of the prosecutrix were also present at the house but their services were taken for bringing liquor and eatable only by the accused party and during the time of occurrence they were sent out of the house for the above said purpose by the concerned party. The three brothers, i.e. husband of the prosecutrix and his other two brothers, are stated to be residing separately.