BHOOP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release, in the event of his arrest, in case FIR No. 38 of 2019, dated 19.07.2019, under Sections 376 and 506 IPC, registered in Police Station Brow, District Kullu, 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 permanent resident of District Mandi, 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 19.07.2019 prosecutrix (name withheld) got her statement recorded under Section 154 Cr.P.C. with the police. As per the prosecutrix, she was married with one Shri Suresh Kumar in the year 2005 and soon thereafter they started living separately. Out of the wedlock one son was born and he is 14 years old. During February, 2019, she started carding work in a handloom shop and her son used to reside with her at Brow. The petitioner, who is driver in HRTC, was acquainted to her and he came to her room and sexually molested her against her will on the pretext of marrying her. Thereafter, the petitioner made physical relations with her many times on the pretext of marriage. When she requested the petitioner to marry her, he gave evasive replies and started threatening her. The petitioner wanted to get rid of her and ultimately he offered money and told the prosecutrix not to contact him, otherwise he would kill her. On the basis of 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. Relevant recoveries were made by the police and statements of the witnesses were also recorded. Statement of the prosecutrix was also recorded under Section 164 Cr.P.C. The petitioner filed the present petition seeking bail in the event of his arrest and this Court, vide order dated 22.07.2019, granted interim bail to the petitioner. On 23.07.2019 the petitioner joined the investigation and he was medically examined. Police collected the scientific samples and report of analysis is awaited. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a heinous crime. There is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.