BITTOO RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Bittoo Ram, who is behind the bars since 11.10.2018, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No.147 of 2018, dated 26.9.2018, under Sections 452, 376 and 506 of IPC, registered at police Station, Karsog, District Mandi, Himachal Pradesh.

(2.) Sequel to order dated 28.5.2019, ASI Chaman Lal has come present alongwith the record. Mr. Ashwani Sharma, learned Additional Advocate General, has also placed on record status report, prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Close scrutiny of the record/status report, reveals that on 26th September, 2018 complainant (hereinafter referred to as the 'prosecutrix') got her statement recorded under Section 154 Cr.P.C., with police Station, Karsog, District Mandi, Himachal Pradesh, stating therein that for the last 10 to 12 days she has been residing as a guest in the house of her mother. On 24th September, 2018 at 7:30 PM, bail petitioner, who happened to be his god brother came to the house under the influence of liquor and started giving beatings to her mother and other family members. She also alleged that bail petitioner also broke the door of the house and thereafter when all the family members went to sleep, he forcibly after breaking the door of her room, sexually assaulted her 3-?4 times. She further stated that in the morning my relatives tried to apprehend him, but he ran away. On the basis of aforesaid statement, formal FIR, as detailed hereinabove, came to be lodged against the bail petitioner on 26.9.2018.