NARESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition the petitoner has prayed for grant of regular bail in FIR No. 86 of 2017 dated 3.4.2017 registered at Police Station Sadar, District Solan under Sections 366, 376 and 506 of IPC. FIR stands lodged on a complaint so filed by the prosecutrix to the effect that accused had established physical relations with her on the pretext of marriage and had kept the prosecutrix in his house for a period of 07 days. Subsequently it was revealed that accused was already married. It was further the case of the complainant that after the factum of accused being married came to her knowledge, accused told her that he was a divorcee which fact was also incorrect. According to her when she came to know about these facts, she presented herself before the SDM and then went to her house. As per the prosecutrix thereafter accused was threatening the prosecutrix as well as her brothers and sisters. On these basis the FIR was lodged.

(2.) Accused was taken into custody on 4.4.2017 and he is stated to be in judicial custody since April, 2017. Records reveal that challan stands filed in the Court. Mr. Sudhir Thakur learned counsel for the petitioner has submitted that the petitioner has been implicated in a false case which stands concocted against him by the prosecutrix at the behest of her maternal grandmother and her maternal uncle. Mr. Thakur has drawn the attention of this Court to the proceedings which were initiated under Section 97 of the Cr.P.C. on the basis of complaint filed by maternal grandmother of the prosecutrix and has also drawn the attention of the Court to the statement which was recorded before SDM Solan of the prosecutrix on 29.3.2017 in which she had stated that respondent had not forcibly confined her at his house. Mr. Thakur has further submitted that the petitioner even otherwise is a permanent resident of VPO Damkari Tehsil and District Solan and his custody is otherwise also not required because no recovery etc. is to be effected from him and he be released on bail and the petitioner undertakes that he will not in any manner interfere in the course of investigation.

(3.) Learned Deputy Advocate General on the other hand has submitted that as the statement of prosecutrix has not yet been recorded it will not be prudent to release the accused on bail.