IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P(M) No. 698 of 2011. Date of decision: 12.9.2011. Dinesh Chand ….. Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Ajay Mohan Goel, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. Advocate General with Mr. J.S.Rana, Asstt. Advocate General. Kuldip Singh, Judge (oral). This is an application, under Section 438 Cr.P.C., for releasing the petitioner on bail in FIR No.100 of 2011 dated 1.9.2011 registered at Police Station, Chirgoan, under Sections 376, 506, 452 IPC. The status report filed and the same has been perused. 2. It has been stated in the application that petitioner is permanent resident of village Manghara, Tehsil Chirgoan. The case has been registered against the petitioner implicating him, for the offence punishable, under Sections 376, 452 and 506 IPC. The petitioner has committed no offence, he is innocent. The petitioner belongs to respectable family. He is married and having two children, wife and aged mother. The petitioner is the sole bread winner of the family. The complaint against the petitioner is false and has been Whether the reporters of the local papers may be allowed to see the Judgment? …2… lodged by the immediate neighbour with an ulterior motive to malign the petitioner, who is inimical to the petitioner. 3. The petitioner is ready to join the investigation. The custodial interrogation of the petitioner is not required, no recovery is to be made from the petitioner. The petitioner is ready to furnish bail bonds in accordance with the directions of this court. 4. The bail application has been opposed on the basis of status report. The case has been registered on the basis of statement of prosecutrix. It has been stated that the prosecutrix was alone in her house during the night on 31.8.2011 alongwith her children. The petitioner at about 11.00 p.m., entered her room in the upper story, where she was sleeping alone. The petitioner committed forcible sexual intercourse with prosecutrix and threatened her that in case she would disclose the incident to anyone, he would kill her. In the meantime, husband of the prosecutrix also came there and on seeing him, the petitioner ran away after scuffle with her husband. In hurry, the petitioner left behind his shirt. On hearing their cries, the other family members also came there to whom the prosecutrix narrated the incident. The petitioner was searched, but he could not be traced as he had gone underground. The recovery of the clothes which the petitioner was wearing on the date of incident are to be made. In addition, the petitioner is got to be medically examined. The prayer has been made for dismissal of the petition. 5. I have considered the rival contentions of the learned counsel for the parties. In the MLC of the prosecutrix, the doctor has given opinion that there is nothing suggestive that sexual intercourse …3… has not been done. The prosecutrix herself has lodged the report to the police. The investigation is at the initial stage. It has been stated that some recoveries are to be made from the petitioner and he is to be interrogated on all aspects of the case. The petitioner has gone underground and, therefore, investigation in the case could not be completed. The investigating agency has pressed for custodial interrogation of the petitioner. 6. In the overall facts and circumstances of the case, I am of the opinion that case is not fit for grant of bail, under section 438 Cr.P.C. Accordingly, the application is dismissed. 7. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. September 12, 2011. ( Kuldip Singh ) (Hem) Judge.