Chander Bhusan Barowalia, J. - (1.)The present bail applications have been maintained by the petitioners, under Section 439 of the Code of Criminal Procedure, seeking their release in case FIR No. 216 of 2020, dated 30.07.2020, under Sections 376(D), 452, 506 and 201 of the Indian Penal, registered at Police Station Bhuntar, District Kullu, H.P.
(2.)As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. Further, they are 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 them behind the bars for an unlimited period, so they be released on bail.
(3.)Police report stands filed. The prosecution story, as emerges from the records, is that on 30.07.2020, the prosecutrix (name withheld) has filed a complaint before the police concerned, wherein she alleged that on 28.07.2020, at 7:00 p.m., she noticed 3-4 boys outside her house, who were listening music in the car at high volume. When the prosecutrix came out of her house, they attacked her, took her inside her house and forcibly raped her. After committing rape upon the prosecutrix, the accused persons also threatened her to do away with her life. On the subsequent day, the prosecutrix, being scared of such incident, remained inside her house, however, around 6:00 to 7:00 p.m. the accused persons alongwith 10-12 boys, again came to the house of the prosecutrix and threatened her and her family with dire consequences, upon which, she assured them that she would not file any complaint against them. Even after assuring the accused persons, she started receiving threatening calls from them. Consequently, FIR No. 216 of 2020, dated 30.07.2020, under Sections 376(D), 452, 506 and 201 of the Indian Penal came to be registered against the accused persons. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners were found involved in a serious offence, and there is possibility that in case at this stage they are enlarged on bail, they may flee from justice and tamper with the prosecution evidence.
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