RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has sought pre -arrest bail in FIR No. 204 of 2015 registered at Police Station, Manali, District Kullu, H.P. on 16.10.2015, under Section 376 IPC.

(2.) THE records of investigation reveals that the complainant has also filed an application under Section 12 of the Prevention of Women from Domestic Violence Act, 2005 (for short the 'Act of 2005'), which is pending adjudication before the competent authority. This in itself implies that the physical relationship inter se the parties was consensual and that is why the provisions of Act of 2005 have been resorted to or else the prosecutrix could not have taken help or shelter of these provisions. In such circumstances, the allegations of the prosecutrix regarding commission of offence under Section 376 IPC cannot be taken on its face value and will have to be taken with a pinch of salt.

(3.) FURTHERMORE , it is not the case of the respondent that in the event of the petitioner being released on bail, he would not join the investigation or would not make himself available to face the trial and receive sentence that may be passed. It is also not in dispute that the petitioner is permanent resident of Tehsil Sundernagar, District Mandi and is presumed to have roots in the society.