RATTI RAM 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. 114 of 2018, dated 21.11.2018, under Sections 376 and 506 IPC, registered in Police Station Arki, Solan, 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 neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful Whether reporters of Local Papers may be allowed to see the judgment? Yes purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 21.11.2018 the prosecutrix (name withheld) made a written complaint to the police alleging that on 07.02.2018 she was married to Shri Jatinder Kumar and her husband works in a factory, at Nalagarh. The prosecutrix has further alleged that her mother-in-law has expired and her father-in-law (petitioner herein) lives with her in the home. On 29.10.2018 the petitioner came home inebriated and forcibly committed sexual intercourse with her. The prosecutrix raised hue and cry, but no one came for rescue. On 05.11.2018 the petitioner again committed sexual intercourse with her and threatened her not to disclose the incident to anyone, otherwise he would eliminate her. Thereafter, the prosecutrix narrated the incident to her husband telephonically. Upon the complaint, so made by the prosecutrix, police registered a case and the investigation ensued. The prosecutrix was medically examined and upon the identification of the prosecutrix, police prepared the spot map. Police made the relevant recoveries and on 22.11.2018 the petitioner was arrested and was medically examined. Police collected the scientific samples and sent the same for examination to SFSL, Junga. As per the police on 11.01.2019 challan stands presented in the learned Trial Court and supplementary challan was also presented in the learned on 07.04.2019 and now the case is fixed for 20.11.2019 Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious crime. There is possibility that in case at this stage if he is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.