DIPANSHU GAGAT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of above captioned bail petitions, prayer has been made on behalf of the bail petitioners namely, Dipanshu Gagat and Vijay Kumar, who are behind the bars since 20.3.2020, for grant of regular bail in case FIR No.15/2020, dated 19.3.2020, under Sections 376, 376?D, 354, 511, 34 of IPC, Sections 4 &12 of POCSO Act and Section 66(E) of IT Act, registered at Women Police Station, Solan,District Solan, Himachal Pradesh.

(2.) Sequel to order dated 27.4.2020, respondent-?State has filed status report through e-?mail ,which is taken on record. Pursuant to order dated 27.4.2020 respondent-?State has also made available statement of victim/prosecutrix recorded under Section 164 Cr.P.C., as well as MLC furnished by the medical expert.

(3.) Perusal of status report made available to this Court reveals that on 19.3.2020, victim/prosecutrix aged 17 years (name withheld), lodged a complaint at Women Police Station, Solan in the presence of Chairperson, Child Welfare Committee, Solan, District Solan, H.P., stating therein that one and half year back she started going to Thodo ground, Solan for sports activities alongwith her friends. She stated to the police that during Shoolini fair, she came in the contact of a person namely, Parveen, who subsequently introduced her to his two other friends. She stated that since it transpired to her that Parveen takes drugs, she stopped talking to him, but after 4-?5 months somebody other than Parveen started calling her from unknown number and in that way she came in the contact of person namely, Sumit. She alleged that 10-? 15 days thereafter Sumit called her at Thodo ground, but when she reached Thodo ground, Sumit was not there. She alleged that she made telephonic call to Sumit, but some other person, whose voice was similar that of Sumit picked up the call and asked her to come near the main gate. She further alleged that when she sat in the car parked near the main gate of Thodo ground, some other person was found to be sitting in the car. She alleged that the person sitting in the car did not allow her to get down from the car and insisted upon her to go with some other boy, but she refused. She disclosed to the police that name of the person sitting in the car was Dipanshu (Jojo) i.e. petitioner No.1. She disclosed to the police that on the persuasion of above named bail petitioner, she agreed to meet person named by bail petitioner and as such, she alongwith bail petitioner went towards the parking, where person namely Madhur was waiting. She alleged that since Madhur was known to her and she used to treat him like her Sir, Madhur left the spot, but bail petitioner Dipanshu sexually assaulted her against her wishes in the car. She further alleged that when she requested the bail petitioner Dipanshu to let her go to her home, he called 2-?3 boys including other bail petitioner Vijay Kumar, who subsequently made an attempt to outrage her modesty. She alleged that while she was leaving the place, bail petitioner Vijay Kumar(bail petitioner No.2) not only made her video but also claimed before the people present there that this girl has been caught red handed, while indulging in immoral activities. She also disclosed to the police that while leaving the spot of incident, she requested Jojo Bhai(Dipanshu) that she will not disclose the incident of rape to anybody, but he should get video deleted from the phone of bail petitioner Vijay Kumar.