ANKUSH ALIAS SHIVAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 97 of 2016, dated 18.05.2016, under Section 376 of Indian Penal Code (hereinafter referred to as "IPC"), registered at Police Station Sadar, District Solan, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 18.05.2016, the prosecutrix, by moving a complaint to the police, alleged that in the year 2015 she used to work in Shoolni Packaging where the petitioner also used to work and they were friends. On 17th August, 2015, the petitioner took the prosecutrix to the room of his friend and he had sexual intercourse with her on the pretext of marrying her. Thereafter, the petitioner many times sexually assaulted the prosecutrix on the pretext of marrying her.