LAWS(HPH)-2023-12-37

PANKAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On December 28, 2023
PANKAJ KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that an FIR No. 40 of 2023, was registered against the petitioner at Women Police Station, Baddi on 30/9/2023 for the commission of an offence punishable under Sec. 376 of IPC. The FIR is false. The petitioner is apprehending his arrest in connection with the FIR. The petitioner is a respectable person of the society. He would abide by all the terms and conditions, which may be imposed by the Court. Hence, the petition.

(2.) The petition is opposed by filing a status report asserting that the victim made a complaint to the Police that the petitioner assured the victim that he would marry her and enter into sexual relations with her. She became pregnant thrice but was persuaded to abort the fetus by the petitioner who said that he would marry her subsequently. The petitioner threatened to upload the video of the victim on the internet. The matter was reported to the police. The petitioner promised before the police that he would marry the victim. The petitioner married someone else and did not fulfil his promise. He raped the victim on the pretext of the marriage. The police registered the FIR and conducted the investigation. The police prepared the challan and presented it before the Court. No recovery is to be effected from the petitioner.

(3.) I have heard Mr. Hemant Kumar Sharma, learned counsel for the petitioner and Mr. Jitender Sharma, learned Additional Advocate General for the respondent/State.