MAHI PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 12 of 2015, dated 10.03.2015, under Sections 344, 366 and 368 read with Section 34 IPC, Police Station Chopal, District Shimla, H.P.

(2.) As per the averments made in the petition, the petitioners are innocent and have been falsely implicated in the present case.

(3.) Police report stands filed. As per the police report, on 10.02015, the prosecutrix (name withheld) got her statement recorded before the police under Section 154 Cr.P.C.. She has deposed that on 21.01.2015, at about 5 p.m., she received a telephonic call on her mobile and her husband asked her that who is calling you. On this, her husband had altercation with her, so she ran towards Dhartu Khari School. It was raining that day and when she was standing near the wall of the school, a boy named Anu met her, to whom she revealed that she had an altercation with her husband. The prosecutrix asked the said boy that she wants to go to her aunt's house at Solan, but the boy told that his vehicle is breakdown. The said boy made the prosecutrix to sit in an under construction toilet and wait for him. The prosecutrix spent her whole night there and on the subsequent day he came alongwith another boy and took her in a vehicle, but instead of stopping at Solan, she was taken to Haryana.