RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 438 of Code of Criminal Procedure (in short 'Cr.PC '), seeking bail in case FIR No. 36 of 2022 dtd. 9/4/2022, registered under Ss. 376, 323, 342, 506 and 34 of Indian Penal Code (in short 'IPC ') in Police Station Kangra, District Kangra H.P.

(2.) Status report stands filed. Record was also made available. Petitioner has also relied upon certain documents placed on record during pendency of present petition.

(3.) As per prosecution case, victim 'X ', along with her mother 'Y ', came to Police Station and submitted a complaint with prayer to register FIR against Krishan Arora, Raju Verma, Sham Verma and Ritu Verma for confining the victim in isolated places as well as beating, threatening and raping her on the pretext of marriage. It was stated in application that 20 years old victim came in contact of Krishan Arora, who is running a saloon in Tanda, Tehsil Nagrota Bagwan and they solemnized marriage on 6/5/2020, but 3-4 months after marriage, he cleverly got some documents executed by victim in order to get rid of her and stated that marriage had been dissolved. Ritu Verma, running another saloon adjoining the saloon of Krishan Arora under the name and style of Angel Saloon, was known to Krishan Arora. Thereafter, Krishan Arora handed over victim to Ritu Verma and Raju Verma under threat and pressure upon victim to live with Raju Verma and Raju Verma by saying that she has been sold to these persons. Thereafter in the house of Ritu Verma, Raju Verma raped the victim many times, threatened and beat her and Krishan Arora was always mounting pressure upon victim to have physical relations with Raju Verma, and on refusal, used to beat her badly. Further that, Krishan Arora and Raju Verma forcibly violated her at Raju Verma 's house in presence of Ritu Verma. Ritu Verma also used to beat her badly with proclamation that victim shall be made prostitute to earn money by inviting customers known to them.