RAJEEV KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition under Section 439 of the Code of Criminal Procedure has been filed by the petitioner -accused (hereinafter referred to as the accused) for grant of bail in case FIR No. 34/2004 dated 19.2.2004, under Sections 376, IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station, Dharamshala.

(2.) Case of the prosecution in brief is that the prosecutrix is a resident of Kuppa in Tehsil Pangi and belongs to Scheduled Tribes. She was born on September 10, 1972. She came to Dharamshala in the year 1996 to acquire higher education and used to reside in a Women Hostel. The accused and prosecutrix were introduced to each other by one Anu in the month of December, 1997 at Dhauladhar Hotel, Dharmmshala. Thereafter the accused had been meeting the prosecutrix and also got acquainted with other girls of the Hostel. He used to take them on joy -trips. In due course he proposed and promised to marry the prosecutrix. One day, he took her to Jawalaji Temple and put Sindoor on the parting of hair of her head and told her to keep it a secret till he made his mother to agree for their marriage. The prosecutrix completed her graduation on 1999 and went for DP.Ed. Court to Maharashtra. During the period when the prosecutrix visited her native place, the accused used to remain in her company and during this period he established physical relations with her while staying at different places like Jawalaji, Jogindernagar, Shimla, Kullu, Mcleod Ganj, Palampur and Hamirpur, where he had been staying with the prosecutrix claiming her to be his wife. Once he took the prosecutrix to Mussourie where they stayed in a hotel for 7 days. In the year 2001 prosecutrix went to her native place and joined service at Pangi. The accused had been contacting the prosecutrix at Pangi on telephone and had been inviting her to Kangra. He had also been writing letters to her. The accused thus exploited the prosecutrix physically for seven years, during which he preganted her twice and got her aborted twice. When the prosecutrix insisted for marriage, he refused to marry her. Hence, the FIR. The charge -sheet, in the case has already been presented and the accused is facing trial in the case. The accused had earlier moved Cr.MP(M) No. 1105/2004 for grant of bail to him, which was dismissed by this Court by a speaking order on 2.11.2004. The present application, apart from the grounds on which earlier application had been moved, has been filed on the grounds that after the registration of the FIR on 29.2.2004 the prosecutrix, in addition to the various letters addressed by her to the accused during pre -FIR period, on 27.3.2004 addressed another letter expressing her great love to the accused and that no useful purpose is going to be served by incarceration of the accused.

(3.) I have heard the learned Counsel for the accused and the learned Additional Advocate General for the respondent -State and have also gone through the police report and the order earlier passed by this court on 2.11.2004 dismissing the earlier bail application of the accused on merits.