RAKESH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) PRESENT bail petition is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with FIR No. 79 of 2014 dated 16.5.2014 registered under Section 376(D) and 506 IPC at P.S. Baleauganj District Shimla (H.P.)

(2.) IT is pleaded that petitioner did not commit any offence. It is further pleaded that petitioner is innocent and he is government employee and working in education department. It is pleaded that challan already stood filed in the Court and statements of five witnesses also stood recorded by learned trial Court. It is pleaded that trial will take long time to conclude. It is also pleaded that petitioner will comply all terms and conditions imposed by the Court in bail order. Prayer for acceptance of bail petition sought.

(3.) PER contra police report filed. As per police report, co -accused Rakesh Kumar and Ram Parsad @ Ramu were already familiar with each other. There is recital in police report that co -accused Rakesh Kumar is posted as peon in education department. There is further recital in police report that on dated 16.5.2014 coaccused Rakesh Kumar was sent to SBI Kalibari in connection with bank draft and thereafter co -accused Rakesh Kumar did not come back. There is also recital in police report that co -accused Rakesh Kumar at 11 AM went to place i.e. 103 tunnel Shimla and co -accused Ram Parsad @ Ramu met him at tunnel 103 Shimla and thereafter both accused went towards railway track in Summer Hill forest. There is further recital in police report that prosecutrix and her companion Manish Attri met accused persons upon the railway track. There is also recital in police report that thereafter both accused persons afraid prosecutrix and her friend and told the prosecutrix and her friend that police raid was effected and police officials would also caught the prosecutrix and her friend. There is further recital in police report that after creating fear in the mind of prosecutrix and her friend accused persons took the prosecutrix and her friend in forest and thereafter accused persons separated the prosecutrix and her friend upon different path. There is further recital in police report that thereafter both accused persons namely Rakesh Kumar and Ram Parsad @ Ramu committed gang rape upon prosecutrix in forest and threatened the prosecutrix that they would kill her in case she would narrate the incident to anybody. There is further recital in police report that challan already stood filed in Court on dated 11.8.2014 which is pending before learned Additional Sessions Judge, Court No.1, Shimla. There is recital in police report that statements of seven witnesses already stood recorded and case is listed for further prosecution evidence. Prayer for dismissal of bail petition sought.