BAJNEEESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dtd. 16/11/2021, whereby the petitioner was ordered to be enlarged on interim bail in connection with FIR No. 161/2021 dtd. 10/11/2021, under Ss. 366 and 376 of the IPC registered with Police Station Dehra, District Kangra, H.P., respondent-State has placed on record the status report. SI Rajesh Kumar, I/o PS Dehra, has also come present with the records. Records perused and returned.

(2.) Close scrutiny of record/status report made available to this Court reveals that on 10/11/2021, victim-prosecutrix (name withheld), lodged a zero FIR at PS Una, which subsequently came to be transferred to Police Station Dehra, District Kangra, H.P. and was re-registered as FIR No. 161 of 2021, alleging therein that bail petitioner besides sexually assaulting her against her wishes also made her obscene video and thereafter threatened to upload the same on the internet. Victim-prosecutrix alleged that she had come in contact with the petitioner through Instagram and thereafter, they met each other on several occasions. On 24/10/2021, bail petitioner while taking undue advantage of her loneliness unauthorizedly entered her residence at Shamnagar Rohrikori, District Kangra, HP and thereafter, sexually assaulted her against her wishes. She alleged that bail petitioner made her to consume some soft drink containing intoxicants and taking undue advantage of her condition, repeatedly sexually assaulted her against her wishes. She alleged that thereafter, bail petitioner compelled her to solemnize marriage and as such, took her to temple and solemnized marriage by putting garland on her neck. Complainant alleged that three friends of the bail petitioner also helped him in commission of the offence and as such, appropriate action in accordance with law be taken against them.

(3.) Since challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioner, petitioner has approached this Court in the instant proceedings for grant of interim bail.