NITESH KUMAR @ SUNNY 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. 380 of 2019, dated 15.12.2019, under Sections 366 and 376 IPC and Section 3(2)(V) of SC&ST Act, registered in Police Station Balh, District Mandi, 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 the place 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, the statement of the prosecutrix (name withheld) was recorded under Section 154 Cr.P.C. wherein she stated that she is acquainted with the petitioner and they used to meet after college. She has further stated that both of them wanted to marry each other and on 06.12.2019 she was called by the petitioner to meet him in Jawahar Park, Sundernagar. Both of them went to rented accommodation of the petitioner and stayed there till 09.12.2019.