DHANVIR SINGH 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 24.08.2019, under Sections 376, 452, 354D and 506 IPC, registered in Police Station Sangrah, District Sirmour, 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. 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 24.08.2019 police were informed that the petitioner following the prosecutrix (name withheld) came to her house. The prosecutrix got recorded her statement under Section 154 Cr.P.C. and alleged that she is student of B.a. 2nd year and 5-6 months back she was acquainted with the petitioner. She used to talk with the petitioner and he used to come with her towards her house. On 23.08.2019 the petitioner asked the prosecutrix to have a word with him, but she refused. The prosecutrix further stated that she came back home and the petitioner stopped at Haripur and on 24.08.2019, at about 06/07:00 a.m., the petitioner came to her home and started pressing hard for marrying her. The petitioner also tried to sexually molest the prosecutrix and also threatened her. Upon the statement of the prosecutrix, police registered a case and the investigation ensued. Statement of the prosecution was recorded under Section 164(5) Cr.P.C., wherein she stated that on 23.08.2019 when she was coming home, the prosecutrix sexually molested her in the jungle and when she raised hue and cry he fled away. The prosecutrix further stated that on 24.08.2019 the petitioner came to her home and tried to sexually molest her. On 27.08.2019 the prosecutrix was medically examined. Police, during the course of investigation, prepared the spot map and also photographed the spot. Police also made relevant recoveries and recorded the statements of the witnesses. On 30.08.2019 the petitioner was arrested and medically examined. Police collected the scientific samples and sent the same to laboratory for analysis. Report of DNA profiling is awaited. On 15.10.2019 presented the challan in the learned Trial Court and the same is listed on 05.11.2019. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed heinous crime. There is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.