HARISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Harish Kumar, apprehending arrest in FIR No. 132/18 dated 8.5.2018 under Sections 376 and 506 IPC, registered at Police Station Sadar, District Solan, Himachal Pradesh, has approached this Court in the instant proceedings filed under Section 438 CrPC, praying therein for grant of pre-arrest bail.

(2.) Sequel to order dated 21.5.2018, whereby bail petitioner was ordered to be enlarged on bail, in the event of his arrest, L/ASI Krishna Kumari has come present with the record. Mr. Dinesh Thakur, learned Additional Advocate General has also placed on record status report, prepared on the basis of investigation carried out by the investigating agency. Record perused and returned.

(3.) Close scrutiny of record/status report clearly reveals that the bail petitioner as well as complainant-prosecutrix were known to each other for the last more than five years and during this period, they had developed physical relations. As per complainantprosecutrix, bail petitioner repeatedly sexually assaulted her under the pretext of marriage and in the month of October, 2016, she had become pregnant, but bail petitioner by administering her medicines, got the pregnancy terminated against her wishes. Allegedly, on 9.4.2017, bail petitioner took complainantprosecutrix to Kapoor Hospital, Chambaghat but even at that time, no complaint, whatsoever, was lodged by the complainantprosecutrix against the illegal acts of bail petitioner, rather record suggests that complainant-prosecutrix kept on meeting the bail petitioner thereafter also.