SUMAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release, in the event of his arrest, in case FIR No. 126 of 2019, dated 12.10.2019, under Sections 451, 354, 354A, 354D, 506 and 509 IPC, registered in Police Station Bhoraj, District Hamirpur, 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 sending 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 11.10.2019 statement of the prosecutrix (name withheld) was recorded by the police in CH Bhoranj. The prosecutrix stated that about six years back she was married with one Shri Ajay Kumar and out of the wedlock two daughters were born. The petitioner, about two years back, started teasing her and despite requests he did not mend his ways. She disclosed this fact to her sister-in-law. On 11.10.2019, the petitioner came to her house armed with a darat (sickle) and when she opened the door, he fled away. The prosecutrix chased him, but when she saw that the petitioner is armed with a darat, she came back. Later on, the petitioner returned and openly said that the prosecutrix telephonically asked him to come, so the prosecutrix swallowed tablet of pesticide and she was rushed to CH Bhoranj. Acting upon the statement of the prosecutrix, police registered a case and the investigation ensued. The prosecutrix was referred to Dr. RKGMC, Hamirpur, for further treatment. The statement of the prosecutrix was again recorded when she was discharged from the hospital. As per the prosecutrix, the petitioner, with bad intentions, used to follow her and he used to ask for her mobile number. The prosecutrix refused to give her number, so the petitioner started threatening her. The petitioner, on finding the prosecutrix alone in her home, used to peep inside. Despite requests the petitioner did not mend his ways. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. As per the police, the petitioner is now joining and co-operating in the investigation. The petitioner got recovered the darat allegedly used by him and the same has been taken into possession. Now, nothing is to be recovered from him. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious office. 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.