VIKRAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 439 Code of Criminal Procedure (in short 'Cr.P.C.'), seeking bail in case FIR No.143 of 2019, dtd. 12/9/2019, registered in Police Station Manali, District Kullu, H.P. under Ss. 376, 506 of the Indian Penal Code (hereinafter referred to as the 'IPC') and Sec. 3(1) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities Act), 1989 (hereinafter referred to as 'SC&ST Act).

(2.) Status report stands filed. Record was also made available. Records of Cr.MMO No. 442 of 2022, titled Vikram Singh Vs. State of H.P. and others, filed on behalf of petitioner under Sec. 482 Cr.P.C. for quashing FIR as well as proclamation order dtd. 28/8/2020, pending adjudication in this High Court and CWP No. 3987 of 2019, titled as Nirmala Devi Vs. State of H.P. and others, decided on 22/5/2023, were also requisitioned and perused. Learned counsel for the complainant has also placed on record daily order sheets of CWP No. 3987 of 2019 and other documents with regard to termination of marriage of victim with Gagandeep Joshi.

(3.) Facts emerging from the material available are that the petitioner was residing in Australia for his studies, on study VISA, and being member of a farmer's family, was also running a Taxi as part time job to raise money in order to live in Australia. Lastly, petitioner was residing at 64, Angelwing Street, The Ponds NSW 2769 Sydney, Australia. Prior to 2019, he was residing at 28, Woolgunyah Parkway Flinders, NSW, Sydney. Complainant met petitioner in a club in January, 2018 and thereafter they developed intimacy and complainant started living in relationship with petitioner in Parkway Flinders and they lived as such till June, 2019.