MUKESH SINGH BORA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant-Mukesh Singh Bora, who is in judicial custody in connection with F.I.R. No.170 of 2024, under Sec. 376(2)(n), 506 I.P.C and Sec. 9(m)/10 of POCSO Act, registered at Police Station Lalkuan, District Nainital, has sought his release on bail.

(2.) Heard learned counsel for the parties and perused the material available on record.

(3.) In the F.I.R., it is stated that, after the death of complainant's husband, she said to have in search of job in the year 2021 and she contacted the applicant for job in Nainital Dugdh Sangh, Lalkuan, as the applicant is the Chairman of the Sangh. It is further stated that, on the pretext of giving her permanent job, applicant called her at Zaika Hotel, Nariman Chauraha, Kathgodam on 10/11/2021, where applicant forcefully made physical relations with her and committed rape upon her and threatened her that he is having her obscene photographs and videos of the said day and if she discloses this thing to anyone, he will viral the photographs and videos and will get her removed from the daily wages. It is further stated in the F.I.R. that again on 26/12/2021, the applicant called her in the aforesaid Hotel and, without her consent, made physical relations with her and raped her. It is further stated that, thereafter, the applicant asked the complainant to make physical relations with his friends, but she refused to do so; thereafter, it is alleged that applicant's driver, namely, Kamal Belwal extended threat to the complainant that if she raises her voice against the applicant, he will do away her life. It is stated that, thereafter several times, applicant called the complainant in the office and extended threat to her that if she raises her voice, then, he will do away her life.