DEV RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application under Section 439 of the Code of Criminal Procedure has been maintained by the petitioner, for releasing him on bail, in case FIR No. 74/2018, dated 11.10.2018, under Sections 376 and 506 of the Indian Penal Code (for short "IPC") and Section 4 of Protection of Children from Sexual Offences (for short "POCSO") Act, registered at Police Station Sangrah, District Sirmaur, 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 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 may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 11.10.2018, the prosecutrix (name withheld) lodged a complaint with the police, alleging therein that on 10.10.2018, at about 2:00 (midnight), when she went outside from her house to answer the call of nature, the accused, who was known to her, made a telephone call to her and asked her to meet him. When she refused to do so, the accused, who was hiding himself nearby, gagged her mouth and forcibly took her to the bushes and committed rape with her. After committing the rape the accused ran away from the spot Consequently, FIR No. 74/2018, dated 11.10.2018, under Sections 376 and 506 IPC and Section 4 of POCSO Act, came to be registered against the petitioner.