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 investigation as directed by this Court. It is further averred that the bail petitioner is a resident of Himachal Pradesh and belongs to a respectable family. In addition to this, the bail petitioner has given an undertaking that he shall abide by all the terms and conditions as may be imposed by this Court.

STAND OF STATE AUTHORITIES

3. Upon issuance of notice by this Court on 16.03.2024, the State Authorities have filed a response/status report and keeping in view the averments made in the bail petition, the interim pre-arrest bail was granted in favour of the bail petitioner, till next date of hearing.

3(i). The matter was then listed on 27.03.2024, when the State Authorities have filed the Status Report dated 27.03.2024, on the instructions of the In-charge Women Police Station, Mandi. The matter was then listed on 10.04.2024, on which date, the Fresh Status Report dated 10.04.2024 was filed and with the consent of the parties, the matter was taken up for hearing at this stage.

3(ii). A perusal of the status report dated 27.03.2024 and 10.04.2024 reveal that the stand taken by the State Authorities-Police Authorities are pari materia.

3(iii). A perusal of the Status Reports, reveal the prosecution story, that the complainant- victim [X] was doing her internship in DDMA Kullu. However, on 11.03.2024, she came from Kullu to stay with her cousin at Mangwai (Mandi) so as to undertake the CUET-PG paper at Nerchowk. The status report further reveals that on 12.03.2024, at around 12:00 noon, the complainant-victim [X], started from her cousin’s house towards bus-stand, Mandi for boarding a bus for Kullu and while she had reached Vishal Mega Mart, on way from Mangwai to bus-stand Mandi, she was stopped by an unknown person who was sitting in the Alto Car, who enquired about her father’s posting. The complainant-victim [X] feigned ignorance but, after being told by the bail petitioner that she knows her family and he would drop her at the bus-stand.

3(iv). On this assurance, the complainant-victim [X] boarded the car but, instead of taking the car towards bus-stand, the bail petitioner moved towards another link road on Mandi-Joginder Nagar road and thereafter, the bail petitioner stopped the vehicle on the link road and tried to imitate the complainant-victim [X] by asking her hand, by stating that he knows palmistry and would predict her future. The complainant-victim [X] resisted the aforesaid acts of the bail petitioner, when, the bail petitioner snatched the cell-phone of the complainant-victim [X]. Thereafter, the bail petitioner turned the vehicle towards Kullu and he touched the private part of the complainant-victim [X]. The complainant-victim [X] again opposed this unwarranted act on the part of the bail petitioner by trying to open/jump from the vehicle but the