DINENDER MORYA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, Dinender Morya, who is behind the bars since 22.4.2018, has approached this Court by way of instant bail petition filed under Section 439 CrPC, seeking therein regular bail in case FIR No. 94/18 dated 18.4.2018 under Sections 323, 452, 354, 376 and 506 IPC, registered at Police Station West, Shimla, District Shimla, Himachal Pradesh.

(2.) Sequel to orders dated 24.5.2018 and 29.5.2018, ASI Dev Raj, has come present with the record. Mr. S.C. Sharma, 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 status report suggests that on 18.4.2018, complainant-prosecutrix filed a complaint to the Station House Officer, Police Station West, Shimla alleging therein that she was sexually assaulted by the bail petitioner during April, 2017 to August, 2017. As per complainant, in April, 2017, bail petitioner who used to come to her house for giving tuitions to her children, recorded a video of the complainant-prosecutrix while taking bath and on the basis of such recording started blackmailing her and sexually assaulted her during April, 2017 to August, 2017. It is further alleged by complainant-prosecutrix that on 17.4.2018, bail petitioner forcibly entered her house and made an attempt to outrage her modesty, whereafter, FIR detailed herein above came to be lodged against the bail petitioner at the behest of complainantprosecutrix.