DEEPAK 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. 192 of 2019, dated 09.09.2019, under Sections 376, 190, 201, 504 and 506 IPC, registered in Police Station Sadar, Shimla, 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 the place and neither in a position to tamper with the Whether reporters of Local Papers may be allowed to see the judgment? Yes. 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 09.09.2019 the prosecutrix (name withheld) made a complaint to the police and alleged that she is 20 years old and used to reside with her father. She came in contact with the petitioner, who is a pickup driver, and they used to talk on phone. The petitioner told her that he wanted to marry her and during the month of March, 2018, the petitioner sexually molested her against her will. Thereafter, the petitioner started sexually molesting her and during May, 2019, she got pregnant. When the prosecutrix divulged this fact to the petitioner, petitioner administered medicines to her and pregnancy was aborted.