ROHIT 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. 170 of 2019, dated 20.09.2019, under Sections 376 IPC, Police Station Kala Amb, Sirmour, District Nahan, 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 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 20.09.2019 the prosecutrix (name withheld) made a written complaint to the police, wherein she alleged that she is 29 years old and resident of Haryana. The prosecutrix further stated that for the last 14 years she used to reside in a rented accommodation at Moginand, Nahan. She used to work in factories and about three years back she came in contact with the petitioner, who hails from District Mainpuri, U.P. The petitioner told her that he is unmarried and wants to marry her. Gradually, the petitioner gained the trust of the prosecutrix and taking advantage of trust, he had sexual intercourse with her in the rented accommodation. The petitioner told her that he will have a word with his parents qua their marriage and he regularly sexually molested the prosecutrix. Lastly, on 06.08.2019 the petitioner went to his home and told her that he will soon marry her. Thereafter, the petitioner stopped picking up the telephonic calls of the prosecutrix and his both mobiles numbers were switched off. As per the prosecutrix, the petitioner on the pretext of marrying her, sexually exploited her. Upon the complaint, so made by the prosecutrix, police registered a case and the investigation ensued. The prosecutrix was medically examined. Police prepared the spot map and also recorded the statements of the witnesses. In order to evade his arrest, the petitioner absconded and on 19.10.2019 he was arrested. Police lifted the scientific samples for examination and the report is awaited. As per the police, investigation is complete and soon challan will be presented in the learned Trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a heinous offence. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, as he is resident of Uttar Pradesh, so the bail application of the petitioner be dismissed.