DEEPAK KANWAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, Deepak Kanwal, who is behind the bars since 20.7.2019, has approached this Court in the instant proceedings filed under S.439 CrPC, for grant of regular bail in respect of FIR No. 108, dated 20.7.2019, registered at Police Station, Kala Amb, District Sirmaur, Himachal Pradesh under Ss. 376, 328, 354 and 120B IPC.

(2.) Sequel to order dated 5.6.2020, respondent-State has filed the status report, prepared on the basis of investigation carried out by the investigating agency, perusal whereof reveals that on 19.7.2019, Police, after having received information from Women Helpline, Ambala, Haryana, reached Hotel Black Mango situate at Kala Amb, District Sirmaur, Himachal Pradesh, where, victim-prosecutrix, aged 21 years (name withheld) got her statement recorded under S.154 CrPC, alleging therein that she is resident of Karnal, Haryana and at present is working with co-accused Monika Sharma in her boutique. She alleged that the co-accused Monika Sharma, with whom she had close relationship, persuaded her to come to Himachal alongwith her friends. She alleged that the co-accused Monika told her that she would also talk to her friend, Deepak Kanwal, i.e. present bail petitioner, with regard to her job. Victim-prosecutrix also disclosed to the Police that on 19.7.2019, at 4.00 PM, she alongwith two persons went to Kala Amb from Karnal, where co-accused Rajesh had already booked two rooms in Hotel Black Mango. Victim-prosecutrix alleged that at around 8 PM, they all went to Room No. 210, where she was made to consume cold drink containing some intoxicant, as a consequence of which, she started feeling giddy. Victim-prosecutrix also alleged that the co-accused Monika and bail petitioner left the room, whereafter, co-accused Rajesh sexually assaulted her against her wishes. Complainant further alleged that she raised alarm for help but nobody came to her rescue. She also alleged that to save herself, she locked herself in the bathroom and gave telephonic call on Women Helpline, Ambala. She disclosed to the police that after some time co-accused Monika came into the room and asked her to come out as Police had reached the Hotel in question. In the aforesaid background, FIR, detailed herein above, came to be lodged against the bail petitioner and other co-accused named herein above. Co-accused Monika Sharma stands enlarged on bail, whereas, bail petitioner and other co-accused Rajesh Kumar, are behind the bars since 20.7.2019.

(3.) Learned Deputy Advocate General, while fairly admitting the factum with regard to filing of Challan in the competent Court of law and completion of investigation contends that though nothing remains to be recovered from the bail petitioner but keeping in view the gravity of offence alleged to have been committed by bail petitioner, he does not deserve any leniency rather the bail petitioner needs to be dealt with severely as such, petition may be rejected outrightly. Learned Deputy Advocate General, while making this Court peruse the status report, submits that it stands duly established on record that the bail petitioner in connivance with the co-accused, Monika Sharma, exploited the victim-prosecutrix. Learned Deputy Advocate General contends that firstly the bail petitioner brought the victim-prosecutrix to Kala Amb, with the assurance that he would provide job to her and thereafter, sexually assaulted her against her wishes, as such, he does not deserve any leniency.