SHIV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court for grant of pre-arrest bail in case FIR No. 06 of 2023, dtd. 7/2/2023, registered under Ss. 354-A and 452 of IPC at Police Station, Mcleodganj, District Kangra, H.P. Petitioner was admitted to interim bail on 13/2/2023. He has joined the investigation thereafter.

(2.) It is alleged against the petitioner that he is working as Accountant in the office of the Divisional Forest Officer, Saluni, District Chamba, H.P. On 3/2/2023, he visited Dharamshala in relation with audit of the Data Entry Operators and was accompanied by the victim as also another female Data Entry Operator. They all stayed at Dharamshala on 3/2/2023 in a hotel. In the night, the victim had preferred to stay in her room, whereas others were enjoying the party. The victim was also forced to join the party, but being uncomfortable, she came back and slept in her room. She had bolted the room from inside. At about 2.30 a.m., she found that the petitioner was sleeping besides her on the same bed. He was holding the hands of the victim and tried to force his will on her. She could save herself with difficulty and the petitioner left the room through balcony. In the morning, it was found that petitioner had crossed over to the balcony of the room of the victim from the balcony of the room he was occupying.

(3.) On notice, respondent has filed the status report. Petitioner has already associated himself in the investigation. It is submitted that the CDRs of the mobile phone of petitioner was still awaited and the statement of female Data Entry Operator, who was accompanying the petitioner and victim on 3/2/2023 to Dharamshala is yet to be recorded.