LAWS(HPH)-2022-6-121

RAVI KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On June 27, 2022
RAVI KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Bail petitioner namely, Ravi Kumar, who is behind the bars since 15/5/2022, has approached this Court in the instant proceedings filed under Sec. 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No. 24/2022, dtd. 12/5/2022 under Ss. 376 and 506 of IPC, registered at Woman police Station, Baddi, District Solan, H.P.

(2.) Pursuant to order dtd. 13/6/2022, respondent-State has filed the status report and ASI Gian Chand has also come present alongwith the record. Record perused and returned.

(3.) Close scrutiny of the record/status report reveals that on 12/5/2022, victim/prosecutrix, aged 29 years (name withheld to protect her identity), lodged a complaint at woman police Station, Baddi District Solan, H.P., alleging therein that she had come in the contact of bail petitioner on 14/2/2020 through social media, whereafter bail petitioner repeatedly requested her to meet him in Pinjore Garden, Panchkulla. Victim/prosecutrix alleged that on 18/2/2020, on the request of the bail petitioner, she went to Pinjore garden and there bail petitioner proposed her for marriage. She alleged that bail petitioner requested her to meet his mother, but she refused. She alleged that after some time bail petitioner requested her to meet her mother and as such, she made him to meet Smt. Sharda Devi, who had adopted her. She alleged that bail petitioner made proposal of marriage with her to her mother and her mother, who is a cancer patient, agreed for her marriage. She alleged that while in connection with her employment, she used to live at Barotiwala on 14/4/2020 bail petitioner came to her room and sexually assaulted her against her wishes on the pretext of marriage. However, on 16/11/2021 after the death of mother of victim/prosecutrix, bail petitioner and his family members started making excuses. She alleged that bail petitioner stopped talking with her, whereas her parents blocked her number and now she has come to know from somebody that bail petitioner is likely to marry somebody else. In the aforesaid background, FIR as detailed hereinabove, came to be lodged against the present bail petitioner and since 15/5/2022, he is behind the bars. Since investigation in the case is complete and nothing remains to be recovered from the bail petitioner, he has approached this Court in the instant proceedings for grant of regular bail.