ANU RANJAN RANA Vs. STATE OF H P

JUDGEMENT

(1.) By way of this application filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 14/2017, dated 21.07.2017, under Section 376 of the Indian Penal Code, registered at Women Police Station Dharamshala, District Kangra.

(2.) I have heard the learned counsel for the petitioner as well as learned Deputy Advocate General and have also gone through the status report filed by the State as well as the records of the case.

(3.) The allegation against the petitioner is that he has sexually molested a lady, who is differently abled being mentally challenged. The factum of the victim being in the company of the petitioner has not been denied by the learned counsel for the petitioner on the date when the alleged incident is stated to have taken place. However, as per the learned counsel for the petitioner, on account of incessant rain, the petitioner had taken shelter in a Rain Shelter, wherein victim was also present. As per the petitioner, as all his clothes were wet, therefore, he had taken off his clothes and despite his asking the victim not to do so, she also tried to imitate the petitioner, which has been misconstrued as an act on the part of the petitioner of having sexually molested the victim. Learned counsel for the petitioner has further submitted that as the investigation is almost complete and further as the petitioner is a local resident of Dari, there is no apprehension of his evading trial in case he is released on bail. In support of his contention that the petitioner is entitled for grant of bail, learned counsel for the petitioner has relied upon the following judgments: