RAJAN BEDI 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. 150 of 2019, dated 03.07.2019, under Section 376 IPC, registered in Police Station Boileauganj, District 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 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 03.07.2019 the prosecutrix (name withheld) made a complaint to the police, wherein she alleged that two years back she came in contact with the petitioner, through facebook, and for the last one month she was residing with the petitioner. The petitioner proposed her for marriage, but she refused and thereafter for pursuing studies she came to Chandigarh and started residing in a rented accommodation. During November, 2018, the petitioner again started talking with the prosecutrix and the petitioner again proposed her for marriage. For New Year celebration the petitioner and the prosecutrix came to Shimla and when they were returning, at about 02:00 a.m., the petitioner stopped his car by the side of the road and he forcibly sexually molested her. The prosecutrix has further stated in her complaint that at Shimla the petitioner gave her momos and cold drink and after having that she felt intoxicated. Thereafter, the petitioner started living with her as her husband and he many times sexually molested her. The prosecutrix kept mum, as she was hoping that the petitioner will marry her, but after some days the petitioner escaped and he switched off his mobile phone. The prosecutrix alleged that the petitioner sexually molested her on the pretext of marrying her. On the basis of the complaint, so made by the prosecutrix, police registered a case and the investigation ensued. The prosecutrix was medically examined. Police prepared the spot map and also clicked photographs. Police also made relevant recoveries. On 19.07.2019, the petitioner was arrested from Chandigarh and he was medically examined. During the course of investigation, the prosecutrix revealed that in a temple located in Ambala the petitioner filled vermillion in the maang of the prosecutrix, but both the petitioner and the prosecutrix could not identify that temple. Police lifted the scientific samples and sent the same to SFSL, Junga, for analysis. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a heinous offence. There is possibility that in case at this stage, if the petitioner is enlarged on bail, he may flee from justice and tamper with the prosecution evidence.