PITAMBER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dtd. 11/1/2022, whereby the petitioner was ordered to be enlarged on bail in case FIR No. 161/2021 dtd. 24/12/2021, registered at Police Station Damtal, District Kangra, H.P., under Ss. 376 and 506 of IPC, respondent-state has filed the status report. ASI Raj Singh, I/O P.S. Damtal, District Kangra, H.P., 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 24/12/2021, victim-prosecutrix lodged a complaint at PS Damtal, District Kangra, H.P., alleging therein that she works in a private company and few months back, had come in contact with the bail petitioner, who assured to help her in the work. She alleged that having believed that petitioner is good person, she went to Pathankot alongwith him on 2- 3 occasions. She further alleged that on 26/10/2021, bail petitioner told her that he has to go to Lodhwa in connection with some work and as such, she reached Damtal, from where he took her to Lodhwa. She alleged that at Lodhwa, bail petitioner took her in a hotel and made him to consume the soft drink containing intoxicants and thereafter, taking undue advantage of her unconsciousness sexually assaulted her against her wishes. She alleged that when she regained consciousness, she found herself in naked condition and thereafter, bail petitioner extended threats to her. In the aforesaid background, FIR detailed herein above came to be lodged against the bail petitioner.

(3.) Mr. Arvind Sharma, learned Additional Advocate General while fairly admitting factum with regard to completion of investigation and joining of the investigation by the present bail petitioner submits that though nothing remains to be recovered from the bail petitioner, but keeping in view the gravity of offence alleged to have been committed by him, he does not deserve any leniency and as such, prayer made on behalf of the petitioner for grant of bail deserves outright rejection.