RAJESH KUMAR 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. 22 of 2018, dated 31.01.2018, under Sections 376(2)(F), 341 and 506 IPC, registered in Police Station Ghumarwin, 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 Hamirpur, Himachal Pradesh, and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful 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 31.01.2018 the prosecutrix (name withheld) made a complaint to the police, wherein she contended that she came to Rally Jajri, Punjab, to meet his aunt (bua) and while returning, when she did not find bus, petitioner, who is her jija, told to drop her in his alto car. The prosecutrix agreed and boarded the vehicle of the petitioner and en route the petitioner stopped his vehicle at Ghumarwin, Gagan Hotel, for lunch, where he had already booked a room. In the hotel when no one was present, the petitioner started indecently touching her, so the prosecutrix ran towards the vehicle and sat inside. The petitioner came inside the vehicle and again started touching private parts of the prosecutrix. When the prosecutrix started raising hue and cry, the petitioner drove the vehicle and stopped the same in a secluded jungle. The petitioner clicked some photographs from his mobile camera and threatened her that in case she divulges the incident to anyone he will tarnish her reputation. On the basis of the complaint, so made by the prosecutrix, police registered a case and the investigation ensued. The prosecutrix was medically examined. On 31.01.2018 the petitioner was arrested and medically examined. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. On the identification of the prosecutrix, police prepared the spot map and on the disclosure statement of the petitioner police went to Hotel Gagan. Records from the hotel were also procured by the police and it was unearthed that for 29.01.2018 he had booked a room. Police also seized the vehicle, having registration No. HP14A-4594, which was allegedly used by the petitioner. During the course of investigation, it was also unearthed that the petitioner is habitual offender and many cases have been registered against him under different sections. Police also collected the scientific samples, which were sent for forensic analysis to SFSL, Junga. As per the medical opinion, there is nothing to suggest that an intercourse had happened. Police presented the challan in the learned Trial Court and now the case is listed for prosecution evidence on 31.08.2019. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence and he is very clever person. In case the petitioner is enlarged on bail, at this stage, there is possibility that he may flee from justice or tamper with the prosecution evidence.