JAGJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Jagjit Singh @ Vicky, has approached this Court in the instant proceedings filed under Sec. 438 of the Code of Criminal Procedure, praying therein for grant of prearrest bail in relation to FIR No.17 of 2018, dated 13.09.2018, under Sections 376, 506 of Penal Code read with Sec. 67 of the Information Technology Act, 2000, registered at Women Police Station, Sadar, District Una, H.P.

(2.) Sequel to orders dated 18.9.2018 & 31.10.2018, ASI Asha Devi has come present alongwith the record. Mr. Dinesh Thakur, learned Additional Advocate General has also placed on record fresh 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, reveals that complainant (hereinafter referred to as prosecutrix) lodged a complaint on 13.9.2018 at Women Police Station, Sadar, District Una, H.P., alleging therein that present bail petitioner, who was of her prior acquaintance, sexually assaulted her against her wishes and threatened her that in case she discloses anything to her parents or her relatives, he would eliminate her. Prosecutrix further alleged that after the alleged incident of sexual intercourse, bail petitioner alongwith his friends namely, Naresh Kumar and Goldy Kumar started teasing her and they uploaded her photographs on the face book and Internet. She also alleged that bail petitioner after loading her photographs on the face book and Internet kept on pressuring her for maintaining physical relations with him. She further alleged that her photographs loaded on the face book and Internet have been seen by her relatives and villagers and as such, she has no option, but to self immolate. On the basis of aforesaid complaint, FIR detailed hereinabove, came to be lodged against the present bail petitioner and other coaccused namely, Naresh Kumar and Goldy at Women Police Station, Sadar, District Una, H.P. under Sections 376, 354A, 354C, 354D, 506 and 34 Penal Code and Sec. 67 of Information Technology Act.