CourtKutchehry.com
High CourtsSingle Bench

Pankaj Kumar @ Anu vs State of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 2 September 2011 · Citation: (2011) 09 SHI CK 0209

HON’BLE JUDGES
Kuldip Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 376
RESULT
Dismissed
CASE NUMBER
Criminal M.P. (M) No. 663 of 2011
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

5 paragraphs · 335 words

Kuldip Singh, J.—This is an application u/s 439 Code of Criminal Procedure for releasing the Petitioner on bail in FIR No. 75 of 2011, registered on 19.05.2011 at Police Station, Theog, u/s 376 Indian Penal Code. The status report filed and the same has been perused.

2.

It has been stated in the application that the Petitioner is innocent and he belongs to a reputed family. The Petitioner is the only bread-earner of the family. The investigation in the case is complete and No. recovery is to be made. The Petitioner is ready to furnish bail bonds in accordance with the directions of this Court in case he is released on bail. The prayer has been made for releasing the Petitioner on bail.

3.

The bail application has been opposed by the learned Additional Advocate General on the basis of status report. It has been stated that the Petitioner has committed serious offence. The challan has been submitted on 17.08.2011. In case, the Petitioner is released on bail, then he is likely to terrorize the prosecution witnesses. The prayer has been made for dismissal of the application.

4.

I have heard both the sides and perused police file. The Petitioner was arrested on 21.05.2011 and since then he is in custody. As per status report, the date of birth of the prosecutrix is 01.11. 1996 and on the date of occurrence, she was aged about 14 years 6 months and 18 days. As per F.S.L. report, blood was found on the condom recovered from the spot and semen was detected on the pant of the Petitioner. The Gynecologist has given the opinion that the sexual intercourse with the prosecutrix cannot be ruled out. The Petitioner is involved in a serious offence. No. case for grant of bail is made out. Resultantly, the bail application is dismissed.

5.

The observations made in the judgment are for disposal of the bail application and shall not be construed as expression of opinion on the merits of the case.