DEV RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved 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. 237 of 2017, dated 02.11.2017, under Section 376 of the Indian Penal Code, 1860 (for short "IPC"), registered at Police Station, Sarkaghat, District Mandi, H.P.

(2.) As per the learned counsel appearing on behalf of the petitioner, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place 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 report stands filed. As per the prosecution story, on 2.11.2017, prosecutrix made a complaint against the petitioner alleging therein that on 11.7.2011, at about 11:00 AM, when the prosecutrix was alone at home and her husband was out of station for his work of carpenter, petitioner (accused) came to her house and forcibly committed rape and also threatened her not to disclose this fact to anyone. The petitioner black mailed the prosecutrix that if she will disclose this fact to anyone, then he will open the nude picture of the prosecutrix to the general public. On 13.11.2015, the petitioner again came to the house of prosecutrix in the intoxicated state of mind and started abusing to her husband and asked that your wife is under my control. Thereafter, the prosecutrix alongwith her husband reported the matter to the police. The statements of the witnesses were also recorded. Lastly, the prosecution has prayed that the bail application of the petitioner may be rejected.