SURINDER Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant bail petition filed under Section 439 of the Code of Criminal Procedure, a prayer has been made for grant of regular bail in case FIR No. 102/2017, dated 19.10.2017, under Section 376 IPC, registered at Police Station, Kandaghat, District Solan, Himachal Pradesh.

(2.) Sequel to order dated 4.12.2017, ASI Nand Lal, Police Station, Kandaghat, District Solan, H.P., has come present in Court alongwith the record of the case. Mr. P.M. Negi, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Careful perusal of the record/status report, suggests that FIR, as detailed hereinabove, came to be registered against the bail petitioner at the behest of complainant/prosecutrix, who alleged that on 17th October, 2017, bail petitioner came to her house on the pretext that he was sent by her (complainant) son for delivering the money, but bail petitioner thereafter pushed her and sexually assaulted her against her wishes. Complainant also alleged that bail petitioner had been indulging in such activities, in the past also and in this regard, she had lodged protest/complaint with the parents of bail petitioner as well as Ward Member.