IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 1^st DAY OF SEPTEMBER, 2022 BEFORE HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA CRIMINAL MISC. PETITION (MAIN) NO.1820 OF 2022 Between:-

SURAJ KUMAR SHARMA SON OF SHRI RAMESH CHAND SHARMA, RESIDENT OF VILLAGE DABAT, P.O. MAJARI, TEHSIL SHRI NAINA DEVI JI, DISTRICT BILASPUR, AGED ABOUT 21 YEARS.

…PETITIONER (BY MR. SANGRAM SINGH CHANDEL, ADVOCATE)

AND STATE OF HIMACHAL PRADESH …RESPONDENT (BY MR. ARVIND SHARMA, ADDL. ADVOCATE GENERAL)

(ASI LEKH RAM, P.S. KOT KEHLOR, DISTRICT BILASPUR, ALONGWITH RECORDS)

1 WHETHER APPROVED FOR REPORTING? Yes.

This petition coming on for orders this day, Hon’ble Mr. Justice Chander Bhusan Barowalia, passed the following :

O R D E R

The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No.06 of 2021, dated 07.01.2021, under Sections 363, 342, 376, 506, 201 of the Indian Penal Code and Section 4 of the Protection from Children from Sexual Offence Act, 2012, registered at Police Station Kot Kehloor, District Bilaspur, H.P.

2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is

1 Whether reporters of Local Papers may be allowed to see the judgment ? Yes.

permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. P No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail. H

3. Police report stands filed. As per the prosecution story, Smt. Sheela Devi mother of the prosecutrix made a written complaint to the police alleging therein that on o23.12.2020 around 8:30 p.m, prosecutrix had gone to buy some articles from a shop and on the way, she met the petitioner (accused) who was neighbourer of the grandmother of the prosecutrix. Thereafter, the petitioner enticed her and took her on the motorcycle towards Nangal side. She had asked the petitioner to take her to the house of her grandmother, but the petitioner told that thCat he forgot the path and inadvertently, he had reached Barsar. Thereafter, the petitioner took the prosecutrix to one hotel and gave her tea to drink. After drinking tea, the prosecutrix felt unconsciousness. As per the prosecutrix, the petitioner had mixed some intoxicated substance in her tea. The petitioner closed a door and committed sexual intercourse with her. In the morning, when the prosecutrix tried to raise alram, the petitioner threatened her that he had obscene video film of the prosecutrix and he would make the video viral. Thereafter, the petitioner called his father, Ramesh Chand, mother Kaushalaya Devi and two other persons. They also threatened the prosecutrix, if she would reveal the aforesaid occurrence to any body, then they would kill her. On 24.12.2020, all of them brought her to the house of the petitioner, where she was confined in a room and gave beatings. The petitioner obtained signatures of the prosecutrix on a blank paper and written that she had come with him on her own and out of her free will. On the allegations of the victim/prosecutrix, FIR No.06 of 2021, dated 07.01.2021, under Sections 363, 342, 376, 506, 201 of the Indian Penal Code and Section 4 of the Protection from Children froPm Sexual Offence Act, 2012, Police Station Kot Kehloor, District Bilaspur, was registered against the petitioner. Lastly, it is prayedH that the instant bail application may be dismissed, as the petitioner has committed a serious offence and in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and mayo also flee from justice, so it is prayed that the instant bail petition may be dismissed.

4. I have heard the learned counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the police report, carefully.

5. Learned counsel for