GURDYAL Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant bail petitions filed under Sec. 439 of Cr.PC., prayer has been made by the petitioners for grant of regular bail in case FIR No. 96 of 2021 dtd. 18/12/2021, registered at PS Brow, District Kullu, HP, under Ss. 376, 323, 506 and 120-B of IPC. Pursuant to order dtd. 21/2/2022, ASI Gian Chand, I/o P.S. Brow, District Kullu, H.P, has come present alongwith records. Records perused and returned.

(2.) Close scrutiny of the status report as well as record made available to this Court reveals that on 18/12/2021, victim-prosecutrix (name withheld) lodged a complaint to Director General of Police, Himachal Pradesh, alleging therein that her marriage with the bail petitioner Anil Kumar was solemnized in January, 2020 as per customary rites of the District Kinnaur and since then, she had been living with him. She alleged that though after marriage, bail petitioner had assured her to keep her at his native place, but he kept her in a room at Brow, Rampur. She alleged that after the marriage, bail petitioner not only gives her beatings under the influence of the liquor, but also brings some other persons to his room and she was compelled to leave the room on several occasions. Victim-prosecutrix alleged that on 2/12/2021, bail petitioner Anil kumar alongwith person namely Gurdial i.e. bail petitioner in Cr.MPM No. 161 of 2022, came from Reckongpeo to Rampur, and asked her to go with the bail petitioner Guridal in a room, but when she refused, he gave her beatings. She also alleged that on that day, bail petitioners namely Anil and Gurdyal sexually assaulted her against her wishes. She further alleged that on her report made to the police, both the bail petitioners were summoned to the Police Station, where they apologized for their misbehavior and no action was taken against them. Victim-prosecutrix also alleged that neither police nor doctor attending upon her mentioned factum with regard to the sexual assault. On the basis of aforesaid complaint, FIR detailed herein above, came to be lodged against the bail petitioners and since then, they are behind the bars. Medical Officer, CH Nirmand, after having examined the victim-prosecutrix opined that victim- prosecutrix may have been exposed to sexual intercourse, but final opinion shall be given after the report of RFSL.

(3.) Pursuant to order dtd. 21/2/2022, IO has also produced the report of RFSL, perusal whereof reveals that blood samples on FTA cards were left un- examined for DNA profiling since nothing was found in the samples of victim-prosecutrix. Since challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioners, they have approached this Court in the instant proceedings for grant of regular bail.