SWARIT MALHOTRA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, invoking Sec. 439 of the Code of Criminal Procedure, has approached this Court for grant of bail in case FIR No.56/2022, dtd. 18/5/2021, registered under Sec. 306 and 506 of the Indian Penal Code (for short 'IPC'), in Police Station Kangra, District Kangra, Himachal Pradesh.

(2.) Status Report stands filed. Record has also been made available.

(3.) As per prosecution case, on 18/5/2022, one Ajay Chaudhary informed the police that a girl, a tenant in his commercial building located behind Kamal Dhaba in village Chhoti Haled, had committed suicide by hanging. Police Party rushed to the spot, where statement of Viveka Gill wife of Ankush Gill, sister of deceased, under Sec. 164 of the Code of Criminal Procedure (for short 'Cr.P.C.'), was recorded, stating therein that her deceased sister was married in the year 2009 with Karan Singh resident of Sham Nagar Dharamshala and she was having 13 years old daughter from the said wedlock. After marriage, deceased, for strained relations with her husband, left the house of her husband and started living in her matrimonial home and earning her livelihood as casual Beautician by providing home service as and when called and, in the year 2020, she started living in rented accommodation in the building of Ajay Chaudhary and continued her work of Beautician. In the year 2015, petitioner Swarit Malhotra took her (deceased) to his home and violated her person forcibly and thereafter continued to do so with assurance to marry her and he compelled her sister (deceased) to take separate rented accommodation, whereupon her sister, in the year 2020, hired a room in Kangra and asked petitioner Swarit Malhotra to marry her but the petitioner Swarit Malhotra flatly refused, whereupon her deceased sister lodged a complaint on 16/4/2022 against Swarit Malhotra in Women Police Station, under Sec. 376 IPC. In that case, petitioner Swarit Malhotra was arrested, but was enlarged on bail after about 20 days. After releasing from jail, on 16/5/2022 at about 5.30 p.m., petitioner Swarit Malhotra came to her (complainant) residence at Chilgadi and said that he was the first person who managed his bail in a rape case after spending Rs.30.0035 lakhs and asked the complainant to advise her sister (deceased) to withdraw the complaint otherwise he would manage murder of her brother and sister. On telling this to her sister (deceased), she told that she was already receiving such threats from Swarit Malhotra. On 16/5/2022, Swarit Malhotra solemnized marriage with someone else, which was known to her sister (deceased). Complainant alleged that her sister committed suicide due to harassment, threats and defamation for which petitioner Swarit Malhotra was liable.