MANISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Sec. 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 21 of 2019, dated 14.05.2019, under Sections 376 and 506 IPC, registered in Women Police Station, Mandi, 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 resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 14.05.2019, the prosecutrix (name withheld) moved a complaint to the police and alleged that she used to work as part time peon in BBMB Hydel Channel Sunder Nagar and the accused also used to work there as Junior Engineer. As per the prosecutrix, the accused became her facebook friend, but knowing his bad intentions, the prosecutrix blocked him. Thereafter, the prosecutrix was deputed as part time post in BBMB Tail Control where the accused was also deployed. The accused started teasing her. On 07.04.2018, at about 12:45 p.m., the accused committed forcible sexual intercourse with the prosecutrix. The accused also intimidated the prosecurtrix to do away with her life, in case she divulges the incident to anyone. On the complaint, so made by the prosecutrix, police registered a case and investigation ensued. The prosecutrix was medically examined and statements of the witnesses were recorded. The statement of the prosecutrix was recorded under Sec. 164 Crimial P.C. and the police made relevant recoveries. Scientific samples were sent for analysis and records from BBMB, Sundernagar, was also procured. On 21.05.2019 the accused joined the investigation and since then he is joining the investigation and co-operating in it. Lastly, the prosecution has prayed that the petitioner was found involved in a serious offence and in case he is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, so the application may be dismissed.