DEEPAK Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner is in custody w.e.f. 14/9/2021 in relation to FIR No.102/2021 dtd. 13/9/2021, registered under Ss. 376 and 506 of the Indian Penal Code at Police Station Damtal, District Kangra, H.P. Petitioner's previous bail application under Sec. 439 of the Code of Criminal Procedure has been dismissed by the learned Additional Sessions Judge-I, Kangra at Dharamshala. By means of this petition, petitioner seeks his enlargement on regular bail.

(2.) Heard learned counsel for the parties and gone through the status report filed by the respondent-State.

(3.) The prosecution case in brief is that FIR in question was registered on the basis of statement of the prosecutrix recorded under Sec. 154 Cr.PC. The prosecutrix stated therein that her marriage was solemnized three years ago with one Pawan Masih, resident of village Tibber, Tehsil and District Gurdaspur Punjab. The couple has a son aged around 1- 1/2 years. That after one month of birth of her child, the prosecutrix started living in her parental home alongwith her child at New Basti Dhangu Peer, District Kangra. Ever since, she has been residing in her parental home. Her father and brother are employed in foreign country. That the husband of the prosecutrix still resides at village Tibber (Gurdaspur) Punjab and has visited the prosexutrix in district Kangra only twice or thrice. That the bail petitioner instigated the prosecutrix to get divorce from her husband and further promised to marry her. Under pretext of fake promise to marry the prosecutrix, the bail petitioner established physical relations with her many times. That she tried to dissuade the petitioner from sexually exploiting her on the ground that she was a married lady and had not yet been divorced from her husband. However, the petitioner forcefully ravished her without her consent. The prosecutrix complained that subsequently the petitioner refused to marry her and intends to marry someone else. All these details also came to the knowledge of her in-laws and her husband. Resultantly, her relations with her husband are now spoiled.