Dev Raj vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(HP) 312

RANJAN SHARMA
Dev Raj – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates Appeared:
For the Petitioner:Mr. Jia Lal Bhardwaj, Senior Advocate with Mr. Anil Kumar.
For the Respondent:Mr. Prashant Sen, Deputy Advocate General.

JUDGMENT :

Ranjan Sharma, J.

Bail Petitioner, namely Dev Raj, has come up before this Court seeking pre-arrest bail, under Section 438 of the Code of Criminal Procedure [hereinafter referred to as ‘Cr.P.C.’] originating from FIR No.11/ 2024, under Sections 376 and 506 of the INDIAN PENAL CODE [hereinafter referred to as ‘IPC’] registered at Mahila Police Station Mandi, Tehsil Sadar, District Mandi [H.P.]

FACTUAL MATRIX

2. The case set up by Mr. Jia Lal Bhardwaj, Senior Advocate, assisted by Mr. Anil Kumar, Advocate, is that a case under Sections 376 & 506 of the INDIAN PENAL CODE , originating from FIR No.11/2024, has been registered against the bail petitioner alleging him to have committed the rape with the complainant-victim [X] and has extended threats to the aforesaid complainant-victim [X]. In Paras 4 to 7 of the bail application, it is stated that the allegations leveled against the bail petitioner are false and baseless. It is also averred that he has been falsely implicated in the case. It is also stated that he has not committed any offence and nothing has to be recovered from the bail petitioner. It is further averred that the bail petitioner is ready to join the investigati