NIRMAL KUMAR 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. 2 of 2018, dated 03.01.2018, under Sections 354, 354(A)(1) and 506 of Indian Penal Code, 1860 (hereinafter referred to as "IPC"), Women Police Station, Baddi, District Solan, 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 resident of the place and is neither in a position to tamper with the Whether reporters of Local Papers may be allowed to see the judgment? Yes. prosecution evidence nor in a position to flee from justice, so he be enlarged on bail.

(3.) Police report stands filed. As per the police report, 03.11.2017 police received a written complaint/enquiry report from the complainant, which pertained to sexual harassment. The complainant is working as Safai karamchari in E-governance society in the office of Sub Divisional Officer, Nalagarh, District Solan. As per the allegations, the petitioner, who is working as Peon, in the same office called the complainant in the official residence for cleaning. When the complainant was doing the cleaning work, the petitioner tried to molest and sexually harass her. The petitioner also threatened the complainant. The petitioner again tried to molest the complainant. On the basis of the complaint, so made by the complainant, a case was registered against the petitioner and investigation ensued. On 07.01.2018 spot was photographed and spot map was prepared. Statements of the complainant and her mother were recorded. Record qua duty etc. of the petitioner and the complainant was obtained. Statement of the SDM was recorded, wherein he stated that the petitioner admitted before him that he tried to molest the complainant.