SANJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under section 439 of the Code of Criminal Procedure, 1973 seeking his release in case FIR No. 70 of 2018, dated 14.05.2018, under Sections 376 and 506 IPC, registered in Police Station, Barsar, District Hamirpur, 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 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 14.05.2018 the prosecutrix (name withheld) made a written complaint to the police, wherein she alleged that the petitioner, who is friend of her husband, about one and half year back, when she was alone, came to their house and made her to eat a chocolate. Thereafter, the prosecutrix fell unconscious and the petitioner committed rape on her. The prosecutrix has further alleged that thereafter the petitioner many times sexually assaulted her and also threatened her. The petitioner also took Rs. 15,000/- from the prosecutrix and he used to demand money from her. On the basis of the complaint, so made by the prosecutrix, police registered a case and the investigation ensued. Statements of the witnesses were recorded. The prosecutrix was medically examined and her statement was also recorded under Section 164 Cr.P.C., 1973 The petitioner was arrested on 14.05.2018. The police effected the recoveries and spot maps of the places, where the prosecutrix was allegedly sexually assaulted, were made. Samples were sent for chemical analysis and result thereof is still awaited. After conclusion of the investigation, the police found involvement of the petitioner in the alleged offence. As per the prosecution, the petitioner is very clever person and in case he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. Now, the challan stands presented in the Court and it is listed on 14.08.2018 for checking of documents. Lastly, the prosecution has prayed that the bail application may be dismissed.