DEV RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail Petitioner, namely Dev Raj, has come up before this Court seeking pre-arrest bail, under Sec. 438 of the Code of Criminal Procedure [hereinafter referred to as 'Cr.P.C.'] originating from FIR No.11/ 2024, under Ss. 376 and 506 of the Indian Penal Code [hereinafter referred to as 'IPC'] registered at Mahila Police Station Mandi, Tehsil Sadar, District Mandi [H.P.]

(2.) The case set up by Mr. Jia Lal Bhardwaj, Senior Advocate, assisted by Mr. Anil Kumar, Advocate, is that a case under Ss. 376 and 506 of the Indian Penal Code, originating from FIR No.11/2024, has been registered against the bail petitioner alleging him to have committed the rape with the complainant-victim [X] and has extended threats to the aforesaid complainant-victim [X]. In Paras 4 to 7 of the bail application, it is stated that the allegations leveled against the bail petitioner are false and baseless. It is also averred that he has been falsely implicated in the case. It is also stated that he has not committed any offence and nothing has to be recovered from the bail petitioner. It is further averred that the bail petitioner is ready to join the investigation as directed by this Court. It is further averred that the bail petitioner is a resident of Himachal Pradesh and belongs to a respectable family. In addition to this, the bail petitioner has given an undertaking that he shall abide by all the terms and conditions as may be imposed by this Court.

(3.) Upon issuance of notice by this Court on 16/3/2024, the State Authorities have filed a response/status report and keeping in view the averments made in the bail petition, the interim pre-arrest bail was granted in favour of the bail petitioner, till next date of hearing.