ABHINAY SINGH CHANDAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Abhay Singh Chandan, who is behind the bars since 3.2.2018, has approached this Court in the instant proceedings, filed under Section 439 of Cr.PC, praying therein for grant of regular bail in case FIR No. 20/18 dated 2.2.2018, under Sections 376, 452, 342 and 323 of IPC, registered at PS Palampur, Kangra, HP.

(2.) Sequel to order dated 20.3.2018, passed by this Court, SI Om Parkash Thakur, Additional SHO, P.S. Palampur, H.P., has come present in Court alongwith record of the case. Record perused and returned. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the investigating agency.

(3.) Close scrutiny of the record/status report reveals that on 2.2.2018, complainant (herein-after referred to as the prosecutrix) , lodged a complaint at P.S. Palampur, alleging therein that one and half years back, she had friendship with the present bail petitioner, who used to study in his class at CSKHPKV. Since certain differences cropped up between the prosecutrix and the bail petitioner, they stopped talking to each other. Allegedly, on 1.2.2018, when parents of prosecutrix had gone to their village and complainant and her sister were alone in the house at Palampur, at 7:00 pm, bail petitioner unauthorisedly entered into their house and started hurling abuses at them. Sister of prosecutrix objected to the aforesaid behavior of the bail petitioner but bail petitioner after having given beatings to her sent her to another room and bolted the room of prosecutrix from inside. Allegedly, bail petitioner sexually assaulted the prosecutrix against her wishes and while leaving her room extended threats. On the next date, when her parents came back to their house, prosecutrix narrated the entire incident to them, whereafter complaint came to be lodged against the bail petitioner. On the basis of aforesaid complaint, formal FIR referred herein above, came to be registered against the bail petitioner. Police arrested the present bail petitioner on 2.2018, whereafter he is behind the bars.