ARUN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Sec. 439 of the Code of Criminal Procedure seeking his release in case FIR No. 72 of 2017, dated 29.07.2017, under Sections 376, 342, 506, 109, 120B Penal Code read with Sec. 34 Penal Code and Sections 4 and 17 of POSCO Act, registered in Police Station Talai, District Bilaspur, 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 be released on bail.

(3.) Police report stands filed. As per the prosecution story on 29.07.2017, the mother of the prosecutrix lodged a complaint with the police alleging that her daughter, prosecutrix (name withheld), who studies in college, as per her daily routine, on 29.07.2017 started to college at about 08:00 a.m.. The complainant has further alleged that in the evening the prosecutrix was sleeping and on the asking of the complainant, she started weeping and divulged that she has been sexually assaulted by the petitioner. The prosecutrix disclosed to her mother that today when she alongwith her friend, Madhu, was at Barthi Chowk, uncle of Madhu (petitioner) gave them lift in his Nano car. The prosecutrix further divulged to the complainant that one lady alongwith a baby was sitting on the front passanger seat. However, subsequently that lady came to the rear passanger seat and the prosecutrix sat on the front passanger seat. The friend of the prosecutrix alighted at Jhanduta College and when she tried to alight, the petitioner did not allow her and hurriedly drove the vehicle towards the house of lady, who was sitting in the vehicle.