RAM PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Ram Lal, who is behind the bars since 24th July, 2020, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No.267 of 2020, dated 24.07.2020, under Sections 420, 376, 508, 506 and 120-B of IPC registered at police Station, Una, District Una, Himachal Pradesh.

(2.) Respondent-State has filed status report. ASI Rajinder Singh has also come present alongwith the record. Record perused and returned.

(3.) Perusal of status report/record reveals that on 24.7.2020 victim/prosecutrix, who is 29 years old (name withheld to protect her identity), got her statement recorded under Section 164 Cr.P.C., alleging therein that in the year, 2017 her marriage was solemnized with Sh. Ajay Bhangal as per Hindu rites and customs. She alleged that her husband is serving in Army and her parent's house is at Majara. She alleged that since there was miscarriage on one occasion after the marriage, lady namely Kanta Devi wife of Sh. Subhash Chand advised her to visit one Maddi Baba for blessings. She alleged that as per aforesaid advised given by Kanta Devi, she alongwith her husband went to Maddi Baba at Nangal where he raised demand of four fans. She alleged that again in March, 2018 aforesaid Maddi Baba demanded Rs. 15,000/- for Bhandara , but she paid Rs. 5100/- and stopped visiting the place of Maddi Baba having found Baba to be greedy person. She alleged that she blocked the number of Maddi Baba, but in October, 2019, Subhash Chand husband of Kanta Devi told her that Maddi Baba has told him that in case his demands is not met by her he will eliminate her son and husband. She alleged that she ignored the aforesaid message of Subhash Chand, who again in March, 2020 reminded her of message given by Maddi Baba, but she told him that she herself would go to Maddi Baba. Allegedly, before lock down complainant went to Maddi Baba and told him that she cannot give more than Rs. 21000/- , but he said that he himself can take money from her. She alleged that after one week, she received phone from Maddi Baba, who threatened her that in case she did not succumb to her demand, he would cause harm to her newly born son and husband. She alleged that thereafter she asked Maddi Baba that how he wants to finish the things and as such, he advised her to sell her gold ornaments. She alleged that on the askance of Maddi Baba, she gave a phone call on the phone bearing No.6283918012 belonging to the petitioner herein, who called her outside the jewellary shop i.e. Sukhan Nandan Sons. She alleged that she gave 16-17 Tolla of gold to the petitioner, who in lieu thereof gave 2,50,000/- rupees. She stated that after having received aforesaid money, she deposited the same in the account No.38176538026, IFSC Code SBIN0011960 in the name of Jaspreet Singh, R/o Amritsar Punjab as was asked by Maddi Baba. She alleged that in April, 2020 she again sold 26 tolla gold (260 grams) to the present bail petitioner, who in lieu thereof gave her 3,50,000 rupees, which she transferred in the same bank account as was done on earlier occasion. She alleged that thereafter again in June, 2020, 16-17 tolla(170 grams) of jewelry, which she had received from her in laws, was given to the petitioner near the shop at Mehatpur, in lieu of which an amount of Rs.2, 50,000/- was paid and deposited by her in the bank account of Jaspreet Singh. As per complainant, again in the first of week of July, 2020 she sold 16-17 tolla (170) grams gold to the petitioner and received Rs.70,0000+ 80,000/-. She alleged that since Maddi Baba threatened her on phone as well as through whatsapp call, she was compelled to sell gold ornaments to the petitioner and as such, appropriate action in accordance with law be taken against Maddi Baba and the present petitioner. In the aforesaid background, FIR under Sections 420, 506, 508 of IPC came to be lodged against the present bail petitioner as well as Maddi Baba. Present bail petitioner is behind the bars since 24th July, 2020, whereas Maddi Baba stands enlarged on bail by the learned Court below.