VIDYA PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in F.I.R. No.44/07 dated 26.5.2007 under Section 376 I.P.C. registered at Police Station, Reckong Peo, District Kinnaur, Himachal Pradesh. The petitioner has alleged that prosecutrix submitted a complaint dated 26.5.2007 alleging therein that she was engaged with petitioner on 9.6.2006 and their marriage was fixed in July, 2007. On 11.6.2006 petitioner called her at Wangtu and took her to Reckong Peo in the quarter of his sister and stayed there where the petitioner had sexual intercourse with her. Now, the petitioner has absconded with another girl of village Sapni. The prosecutrix has alleged that petitioner deceived her and had sexual intercourse with her taking undue advantage of her engagement. The learned counsel for the petitioner has submitted that a false case has been registered against the petitioner after one year of the alleged incident. The petitioner earlier filed Cr.M.P.(M) No.353 of 2007 in this Court for grant of anticipatory bail which was not pressed and was dismissed on 13.6.2007. The petitioner surrendered on 14.6.2007 before the police and since then he is in custody. He filed another bail application which has been dismissed by learned Sessions Judge, Kinnaur, Sessions Division at Rampur, on 23.6.2007. The petitioner has been falsely implicated in the case. The petitioner is a Computer Engineer and his entire career is at stake.

(2.) THE application has been opposed by learned Additional Advocate General who has submitted that petitioner deceived the prosecutrix and had sexual intercourse with her under the garb of engagement. During investigation case under Section 376 I.P.C. has been fully established against the petitioner. The petitioner is involved in serious offence. In case petitioner is released on bail, he is likely to win over the prosecution witnesses. He has prayed for dismissal of the application.

(3.) THE prosecutrix had submitted an application dated 26.5.2007 to Superintendent of Police, Kinnaur at Reckong Peo alleging therein that she was engaged with petitioner as per local custom on 9.6.2006 at Panvi. Their marriage was fixed in July, 2007. The petitioner on 11.6.2006 called her at Wangtu and took her to Reckong Peo in a bus and kept her in his sister's quarter. On that night he had forcible intercourse with her. Now petitioner has absconded with another girl of village Sapni. He has ruined her life. He took the benefit of his engagement and had sexual intercourse with her. On this, the case was registered against the petitioner.