DHEERAJ Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-2021-5-7
HIGH COURT OF HIMACHAL PRADESH
Decided on May 06,2021

DHEERAJ Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

Chander Bhusan Barowalia,J. - (1.) The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure, for grant of bail in case FIR No. 147/2020, dated 25.12.2020, under Sections 342, 376 and 506 of IPC, registered at Police Station Fatehpur, District Kangra, H.P.
(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is permanent resident of Himachal Pradesh 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 25.12.2020, the prosecutrix (name withheld) made a written complaint against the accused, alleging therein that on 24.12.2020, at about 5:30 p.m., the accused saw her in Fatehpur market and made a telephonic call on her mobile and the accused asked her to meet him for five minutes. Since the accused was known to prosecutrix, she went to meet him at Fatehpur Bus Stand, where accused offered her lift in his car. When the car was crossing the Fatehpur Bridge, the accused stopped his car and offered water to the prosecutrix and forced her to drink the same. After drinking water, the prosecutrix became unconscious and accused told her that he made a video of her and he will upload the same on facebook. On that pretext, the accused took the prosecutrix to some unknown place, threatened her and committed wrong act with her and around 2:30 a.m. (midnight), dropped her to her house. On the basis of aforesaid allegations, FIR No. 147/2020, dated 25.12.2020, under Sections 342, 376 and 506 of IPC, came to be registered against the petitioner. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a heinous crime and there is possibility that in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and also flee from justice.;


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