KULBHUSHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioners, namely Kulbhushan and Mukesh Kumar, who are behind the bars since 7/1/2022, have approached this court in the instant proceedings filed under Sec. 439 Cr.PC, for grant of regular bail, in case FIR No. 4/22 dtd. 2/1/2022, registered at Police Station Nurpur, District Kangra, Himachal Pradesh, under Ss. 376 (2) (N), 341, 506, 120-B and 201 of the IPC and Ss. 66E and 67 of the IT Act.

(2.) Pursuant to order dtd. 11/1/2022, respondent-state has filed the status report. ASI Vijay Katoch, P.S. Nurpur, District Kangra is also present with the records. Records perused and returned.

(3.) Close scrutiny of record/status report reveals that on 2/1/2021, victim-prosecutrix (name withheld) lodged a complaint, alleging therein that her marriage was solemnized on 26/4/2021 and at this juncture, she is five months pregnant. She alleged that in the year, 2015, while she was studying in Dehri College, bail petitioner Mukesh Kumar alias Monna, used to drop her in college. She alleged that above named person used to compel her to make physical relations with him but when she refused, he extended threats and thereafter committed sexual assault upon her against her wishes and made video of the same. Victim-prosecutrix alleged that person named herein above after having made her video, started blackmailing her and thereafter, repeatedly, sexually assaulted her against her wishes. She further alleged that above named person shared her video with the bail petitioner Kulbhushan, who also repeatedly sexually assaulted her against her wishes. In the year 2021, marriage of the victim-prosecutrix was solemnized with some other person, but bail petitioners allegedly uploaded some objectionable photographs of the victim-prosecutrix on the facebook ID of her husband with an intention to defame her. In the aforesaid background, FIR as detailed herein above, came to be lodged against the bail petitioners, who are behind bars since 7/1/2022.