MADAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant bail petition filed under Section 439 CrPC, prayer has been made for grant of bail in FIR No. 170/11 dated 13.7.2011, under Sections 376, 323 and 506 IPC, registered at Police Station, Jawali, District Kangra, Himachal Pradesh.

(2.) Sequel to order dated 11.12.2017, ASI Gurdhian Singh has come present with the record. Mr. M.L. Chauhan, learned Additional Advocate General has also placed on record status report, prepared on the basis of investigation carried out by the investigating agency till date. Record perused and returned.

(3.) Perusal of the status report /record suggests that FIR mentioned herein above came to be registered against the bail petitioner at the behest of the complainant-prosecutrix, who alleged that in the year 2010, bail petitioner met her and proposed to marry her. Complainant-prosecutrix, though disclosed to him that she belongs to a lower Caste, as such, marriage inter se them may not be possible, however, bail petitioner, who also belongs to an Other Backward Class (OBC), eloped with the complainantprosecutrix on the pretext that he will marry her. As per complainant-prosecutrix, bail petitioner sexually assaulted her repeatedly on the pretext of marriage. When she became pregnant, she insisted the bail petitioner to marry her. Later on, it transpired that the bail petitioner is already married to some other lady and as such, complainant-prosecutrix alongwith her newly born child, left the company of the bail petitioner and went to her maternal house at Batungli. Complainant-prosecutrix further alleged that bail-petitioner came to her maternal house and forcibly took her ten months old baby alongwith him.