Cr.M.P.(M) No. 253 of 2009. 16.4.2009 Present: Mr. Ajay Mohan Goel, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. for the respondent. This is an application under Section 439 of the Code of Criminal Procedure for grant of bail to the petitioner in case F.I.R. No. 127 of 2008 dated 23.12.2008 registered at Police Station, Bhuntar, District Kullu, under Sections 363, 366, 376 and 120-B of the Indian Penal Code. Mr. Ajay Mohan Goel, Advocate submits that the petitioner has not committed any offence and the report has been lodged just to drag him in a false case. His client is in custody since 25th December, 2008. He further submits that the petitioner belongs to a respectable family and is a permanent resident of Manali. There is no possibility of his client running away. He also submits that nothing is to be recovered from the petitioner. The learned Senior Additional Advocate General has opposed the bail application. He submits that the application filed before the learned Sessions Judge, Kullu has been rightly rejected by the learned Additional Sessions Judge (Fast Track Court), Kullu on 25.2.2009. In case the petitioner is released on bail, in that eventuality, there is every likelihood of his tampering the evidence and terrorizing the witnesses. I have heard the parties and have perused the status report. The age of the prosecutrix is about 17 years. She left her house at 11.30 a.m. on 22.12.2008. She was not traceable. The First Information Report was registered by the complainant. The complainant received telephonic message from forest barrier to the effect that the accused and prosecutrix have been found at barrier in suspicious circumstances. The accused was arrested. The prosecutrix was subjected to medical examination. The accused was also subjected to medical examination. A bare perusal of the statement of the prosecutrix shows that she was called by the accused to Shamshi on 22.12.2008. She was taken to Manali in the vehicle by the accused. She was taken to a hotel at Aleo. She was subjected to sexual intercourse by him during night without her consent. The prosecutrix went to Manali at the instance of the accused. The accused had promised to marry her. The prosecutrix was examined at Regional Hospital, Kullu. Medico Legal Certificate was obtained by the police. The police have taken into custody the booking register of the hotel. The vehicle involved had also been taken into possession. The same was released by the Chief Judicial Magistrate, Kullu. The challan has been put up on 23.3.2009. The Medical Officer has opined that the prosecutrix was habitual of sexual intercourse. The petitioner cannot be enlarged on bail only on the ground that the Medical Officer has opined that she was habitual of sexual intercourse. The question is whether her modesty has been outraged without her consent or not. It has come in the statement of the prosecutrix that the accused had committed intercourse with her without her consent. The accused had earlier filed an application under Section 439 of the Code of Criminal Procedure before the learned Additional Sessions Judge (Fast Track Court), Kullu. He has dismissed the same on 25.2.2009 by a speaking order. The petitioner has not made out a case for his release on bail. Accordingly, there is no merit in this application and the same is dismissed. The observations made in this order are for the disposal of this application and the same shall not be treated as an expression or opinion on the merits of the case. (Rajiv Sharma), J. April 16, 2009. (cr)