ANIL KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Present bail application filed under Section 438 of the Code of Criminal Procedure 1973 for grant of anticipatory bail in FIR No. 193/14 registered on 14.9.2014 at Police Station Ghumarwin, Tehsil Ghumarwin, District Bilaspur under Section 376, 354-A, 406, 506 IPC.

(2.) It is pleaded that applicant is innocent and the applicant has been falsely implicated in the case. It is further pleaded that any condition imposed by the Court will be binding upon the applicant. It is further pleaded that investigation is complete and custodial interrogation of the applicant is not required. It is further pleaded that the age of the prosecutrix is 35 years and prosecutrix is married woman and is having a son. It is further pleaded that applicant and prosecutrix are known to each other for more than one year. It is further pleaded that allegations for taking Rs. 15,00,000/- (Rupees Fifteen Lacs) and commission of rape are false and prayer for acceptance of the bail application sought.

(3.) Per contra police report filed. As per police report FIR No. 193/14 dated 14.9.2014 was registered under Section 376, 354A (1), 406 and 506 IPG registered in Police Station Ghumarwin, District Bilspur, H.P. There is recital in the police report that prosecutrix was married with Sh. Rajesh Kumar resident of Adilabad Andhra Pradesh. There is further recital in the police report that prosecutrix has one son aged 7 years. There is further recital in the police report that applicant brought the prosecutrix to Ghumarwin on the pretext that he would marry the prosecutrix. There is further recital in the police report that prosecutrix resided in the house of applicant for three months. There is further recital in the police report that prosecutrix also sold her vehicle and plot and earned Rs. 15,00,000/- (Rupees Fifteen Lacs). There is further recital in police report that Rupees Fifteen lacs earned from sale of vehicle and plot by prosecutrix handed over to applicant for preparation of FDR in favour of minor son of prosecutrix. There is further recital in the police report that applicant told the prosecutrix that he would prepare FD of Rs. 15,00,000/- (Rupees Fifteen Lacs) in the name of son of the prosecutrix. There is further recital in the police report that when prosecutrix enquired about Rs. 15,00,000/- (Rupees Fifteen Lacs) from the applicant then applicant told prosecutrix that he had spent Rs. 15,00,000/- (Rupees Fifteen Lacs) for his personal use.