GURJEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant bail petition under Section 439 CrPC has been filed by the bail petitioner, namely Gurjeet Singh, who is behind bars since 20.9.2019, for grant of regular bail in connection with FIR No. 144/19, dated 20.9.2019, under Sections 376 and 506 of IPC, registered at PS Majra, District Sirmour, H.P.

(2.) In terms of order dated 30.12.2019, ASI Hardev Singh, I/o P.S. Majra, District Sirmour, H.P., has come present alongwith records. Mr. Arvind Sharma, learned Additional Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Close scrutiny of record/status report made available to this Court reveals that on 20.9.2019, victim-prosecutrix (name withheld) lodged a complaint at P.S. Majra, District Sirmour, alleging therein that she knows the bail petitioner for the last one year and during this period, they had been in constant touch with each other through phone and facebook. She alleged that bail petitioner was her good friend and they had been meeting frequently prior to the alleged incident. She alleged that on 17.9.2019, at 12:00 PM, bail petitioner sent a message to her and asked her to meet him at Badripur. At 3:00 pm, victim-prosecutrix met the bail petitioner at Badripur, from where they both went towards Dhola Kuan on a bike. Victim-prosecutrix alleged that firstly, she and bail petitioner had cup of tea in a small Dhabha and talked to each other for half an hour, whereafter bail petitioner took her to a nearby store room on the pretext that they both would sit and talk . She alleged that after some time, bail petitioner bolted the room from inside and sexually assaulted her against her wises. She alleged that since her mouth was gagged by the bail petitioner, she could not raise alarm. After three days of the alleged incident, victim-prosecutrix at the advice of her Aunt lodged a complaint against the bail petitioner. In the aforesaid background, FIR as detailed herein above, came to be lodged against the bail petitioner on 20.9.2029 and since then he is behind the bars.