KALYAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has been booked for offence punishable under Section 506 of the Indian Penal Code in connection with case FIR No.08/2014 dated 13.03.2014, registered at Police Station, New Shimla and has approached this court for grant of anticipatory bail.

(2.) The status report has been presented by the learned Additional Advocate General which discloses that the petitioner, who is already accused for offences punishable under Sections 376, 506, 354-D of the Indian Penal Code, at Police Station, Sadar, Nahan, District Sirmaur, had been granted interim bail by this Court on 06.03.2014 which was extended vide order dated 12.03.2014. On 12.03.2014, it is alleged by the complainant that she stayed in her cousin Dalip Singh's quarter which consisted of one small room wherein only one bed could be fit-in. Dalip Singh in turn stayed the night with his friend Vijender in his rented accommodation in the same building where Dalip Singh had his rented room. On 12.03.2014, the petitioner, after getting dead drunk threatened the complainant and asked her to compromise the matter. At about 12.30 a.m. (night), he reached the quarter of the brother of complainant where the complainant was staying all alone and started banging the door loudly and continued threatening the complainant. On 13.03.2014, the complainant lodged the complaint in the morning narrating therein the aforesaid facts. She could not lodge the complaint earlier because she was neither possessed a telephone nor knew the telephone number of the police.

(3.) The status report reveals that S/Sh. Dalip Singh and Vijender have been associated as witnesses in this case, but it is surprising that these two persons despite staying in the very same building during the night did not find it proper to come out to see as to what was happening incase there was any such nuisance being created by the petitioner at the dead of the night. It does not require much imagination as to how far the noise would travel at the dead of the night and yet the aforesaid two persons, who are otherwise, interested persons would have not come out and check the well-being and safety of the prosecutrix, more particularly, when the complainant was not only their guest but happened to be first cousin of Dalip Singh.