RANCHIT @ MINKU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 439 of the Code of Criminal Procedure, a prayer has been made on behalf of bail petitioner for grant of bail in FIR No. 104 of 2017, dtd. 15/6/2017, registered under Ss. 452, 376, 506 of IPC, at Police Station, Amb, District Una, Himachal Pradesh.

(2.) Sequel to order dtd. 27/10/2017 and 3/11/2017, ASI Arjun Singh, Police Station, Amb, District Una, H.P, has come present in court alongwith the record. Mr. Chauhan, learned Additional Advocate General, has also placed on record status report, dtd. 17/11/2017, prepared on the basis of the investigation carried out by the Investigating Agency.

(3.) Record/Status report, reveals that aforesaid FIR came to be registered against the bail petitioner at the behest of the prosecutrix, who alleged that in the intervening night of 14/15/6/2017, bail petitioner entered her room at around 4:15 AM and forcibly committed sexual intercourse with her against her wishes. As per the complainant, she is working as a Vocational Teacher since September, 2016 at Senior Secondary School, Diyara and since February, 2017 she has been residing in the house owned and possessed by Sh. Shubash Chand, R/o village Bhaira on rent, who happened to be the father of the accused. As per prosecutrix, on 14/6/2017, she after having taken dinner with the family of the bail petitioner came to her room at around 10:00 PM, but unfortunately forgot to bolt the door. Bail petitioner taking advantage of the omission on the part of complainant/ prosecutrix to bolt the door, entered her room in the wee hours and sexually assaulted her. On the basis of aforesaid complaint, having been made by the prosecutrix, formal FIR came to be registered against the bail petitioner on 15/6/2017 and since then bail petitioner is in custody i.e. for the last five months.