VINOD 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. 57 of 2019, dated 05.05.2019, under Sections 376 and 506 IPC, registered in Police Station Majra, District Sirmaur, Himachal Pradesh.

(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 05.05.2019, the prosecutrix (name withheld) made a written complaint to the police and stated that she came in contact with the petitioner through facebook. The petitioner told her that he can get a job for her and asked her to come to Yamuna Nagar. On 02.05.2019, at about 03:40 p.m,. the prosecutrix reached Yamuna Nagar and the petitioner took her in a vehicle, which was being driven by a driver, to a hotel. The petitioner told her that interview is to be conducted in the hotel room, so the prosecutrix went to a room in the hotel, where the accused sexually molested her forcibly against her will. The petitioner also clicked explicit photographs of the prosecutrix and threatened her that in case she divulges the incident to anyone, he would upload her explicit photographs on internet. On the basis of the complaint, so made by the prosecutrix, police registered a case and the investigation ensued. Police procured the records from the concerned hotel and also obtained CCTV footage. On the basis of the evidence collected during the course of investigation, on 06.05.2019 the accused was arrested. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. and she was medically examined. Police made relevant recoveries and scientific samples were also lifted. Scientific samples were sent for SFSL, Junga, for analysis. Report of scientific analysis was also obtained. As per the report, the prosecutrix was found to be habitual for sexual intercourse and no evidence of sexual intercourse was found. As per the police, after 09.05.2019 the prosecutrix went underground and her cell phone is now switched off. During the course of investigation it was unearthed that the petitioner informed his family members qua his abduction by the prosecutrix and her colleagues. The family members of the petitioner also got registered a case qua the abduction of the petitioner. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence and there is every possibility that in case at this stage he is enlarged on bail, he may flee from justice or tamper with the prosecution evidence.