SANDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner under Sec. 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.54 dtd. 1/2/2021, for offence punishable under Ss. 294, 354-A(ii), 376, 506 of the Indian Penal Code, 1860 (in short 'IPC'), 67 of the Information Technology Act, 2000 and Ss. 3(i)(s)(w) and 3(2)(VA) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (Sec. 328 IPC stands deleted) registered at Police Station Barwala, District Hisar.

(2.) Counsel for the petitioner has submitted that the petitioner is in custody for the last about 03 months and the investigation is complete and challan stands presented in the case.

(3.) Counsel for the petitioner has also submitted that the petitioner is not involved in any other or such case. It is further argued that as per the allegations in the FIR, registered at the instance of the victim, it is stated that she is a married woman having 02 children and her husband is a labourer. On 8/1/2021, she was having pain in her stomach and was standing on the bus-stand to take medicine from the hospital at Barwala. In the meantime, the co-accused Kuldeep came in his car and asked her to accompany him so that he can drop her in the hospital. When the victim sat in the vehicle of the co-accused Kuldeep, he gave her a tablet by saying that it is a pain killer and she got giddiness. After reaching Barwala, Kuldeep took her to cruz hotel and on her asking as to why he has brought her in a hotel instead of a hospital, Kuldeep took her inside and made forcible physical relations with her. Kuldeep, thereafter, took her nude photographs in his phone and threatened that in case, she disclosed the same, he would kill her, her husband and kids. Thereafter, Kuldeep made a phone call to Sandeep (petitioner herein) and facilitated a talk of the victim with Sandeep where the petitioner asked her to make physical relations with him or with a girl who is acquainted to her and upon refusal, the phone was disconnected. It is further stated that Kuldeep, thereafter, took the victim in his vehicle and by dropping her at the bus-stand, ran away by threatening her that if she disclosed anything to anyone, he would made the nude photographs viral.