DAVINDER SINGH 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. 68 of 2017, dated 30.05.2017, under Sections 376 IPC, registered at Police Station Gagret, District Una, H.P.

(2.) As per the averments made in the petition, the petitioner 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 story, on 30.05.2017 the prosecutrix (name withheld) got recorded her statement under Section 154 Cr.P.C. before the police. As per the prosecutrix, she used to live with her massi in Jalandhar. After the death of her mausa, her massi remarried. Rajvir Singh (petitioner) was her friend and on 26.05.2017 he asked to accompany him to Chintpurni temple.