IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 2811 Pof 2023 Reserved on : 20.11..2023 Decided on : 23.11.2023 Rinku o… Applicant Versus State of H.P. t r …Respondent ___________________________________________

Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting?

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For the Applicant : Mr. Sarthak Mehta, Advocate.

For the Respondent : Mr. Mohinder Zharaick, Additional Advocate General with Ms. Leena Guleria, Dy.

Advocate General.

Virender Singh, Judge Applicant Rinku has filed the present application, under Section 439 of Code of Criminal Procedure (hereinafter referred to as ‘the Cr. P.C.’), with a prayer to release him on bail, during pendency of the trial, in case FIR No. 59 of 2022, dated 4.4.2022, registered with Police Station, Dharamshala, District Kangra, H.P., under Section 376 of the Indian Pen.al Code (hereinafter referred to as ‘the IPC’.

2. According to the applicant, he hHas falsely been implicated in this case at the instance of someone, who is inimical towards him. He has nothing to do with the alleged offence. Investigation, in the present case, is stated to be complete. According to him, no useful purpose would be served by keeping him in judicial custody, that too, for indefinite period.

3. The applicant has also asserted that he has deep roots in the society and he is ready to abide by any condition, imposed by this Court, in case, ordered to be released on bail.

6. The applicant has also tried his luck by moving an application for releasing him on bail, before the learned Additional Sessions Judge (II), Kangra at Dharamshala, however the said application has been dismissed, vide order dated 27.4.2023.

8. On the basis of above facts, Mr. Sarthak Mehta, Legal Aid Counsel has given certain undertakings, for which he is ready to abide by, i.n case ordered to be released on bail.

9. When put to notice, the PolicHe filed status report, disclosing therein that on 4.4.2022, an information was received from Medical College, Tanda that the prosecutrix, aged about 35 years, who seems to be mentally ill and is unmarried and carrying fetus, has been brought to hospital for treatment, by his family members. A request has been made to take action, upon which, S.I. Narayan, Incharge, Police Post, Yol, alongwith other police officials has reached at Medical College, Tanda, where prosecutrix was found to be in labour room. A request has been made to obtain MLC of the prosecutrix.

9.1 Vide MLC No. 257/22, the Doctor has declared her unfit to make the statement. Thereafter, her cousin got recorded her statement, under Section 154 Cr. P.C., disclosing therein that she is home maker and the prosecutrix is her cousin. Prosecutrix has three sisters, who are married. She has one brother, who is still unmarried. The prosecutrix is residin.g with her brother Rinku Ram (applicant). The prosecutrix is mentally upset for 10 yeHars and she is in the habit of leaving home, as per her will. During day time, she used to roam in Yol market and in the nearby villages. Her brother is labourer by profession and sometimes, the prosecutrix used to leave her house, during night time.

9.2 She has further recorded in her statement that about 8-10 days before, when the prosecutrix removed her cardigan, then the complainant checked her and found her pregnant.

9.3 Thereafter, on 4.4.2022, the complainant and Rinku Ram (applicant) took her to Tanda Hospital for check-up, where the Doctor has checked her up and opined that she is carrying fetus of about 8 months.

9.4 The prosecutrix was inquired, but she has not disclosed anything. According to the complainant, some unknown person had taken disadvantage of her mental condition and raped her. As such, a request has been made to take action, upon which, the Polic.e registered a case, under Section 376 IPC.

9.5 Investigation was conducted byH S.I. Narayan Singh, Incharge Police Post, Yol. During investigation, the matter was inq