ESHAN AKTHAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 7 of 2017, dated 16.05.2017, registered under Sections 354A, 354B, 354C and 376 of Indian Penal Code, 1860 (for short "IPC"), at Women Police Station Dharamshala, District Kangra, H.P.

(2.) As per the learned counsel for the petitioner, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of District Bilaspur and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, thus he may be released on bail.

(3.) Police reports stand filed. As per the prosecution story, on 16.05.2017, the prosecutrix lodged a complaint against the petitioner alleging that she is working as Staff Nurse and the petitioner is working as a Teacher. The prosecutrix has further alleged that she met the petitioner in June, 2016, and they became good friends. Both of them got clicked photographs together and the petitioner used to take the prosecutrix perforce to guest houses and he also used to take her pictures after making her nude. The petitioner also threatened the prosecutrix whenever she used to stop him. The petitioner every time used to say that he will commit suicide and he also used to weep in front of the prosecutrix, thus the prosecutrix agreed to the demands of the petitioner. As per the prosecution, the petitioner used to maintain relations with the prosecutrix. The prosecutrix has further alleged in her complaint that the petitioner thereafter made her to believe that she is doing wrong and one day he slapped her eight times. The police registered a case against the petitioner under Sections 354A, 354B, 354C and 376 IPC and conducted the investigation. As per the police report, the recoveries have already been effected and now the voice sample of the accused has to be taken.