KAMALJEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Kamaljeet Singh, who is behind the bars since 18.02.2017, has approached this Court in the instant proceedings, filed under Sec. 439 Cr. P.C., praying therein for grant of regular bail in connection with FIR No. 2/17, dated 18.02.2017, under Sections 376 (D), 341 and 34 of IPC, registered at Women Police Station Baddi, District Solan, Himachal Pradesh.

(2.) Sequel to order dated 20th Aug., 2018, ASI Veena Paul has come present with 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.) Perusal of record/status report reveals that complainantprosecutrix lodged a complaint at Women Police Station, Baddi, alleging therein that on 17th Feb., 2017, while she was returning to her home after performing her duties at ESI Hospital Katha, at about 7.20 P.M., present petitioner along with co-accused Purshotam, obstructed her way and took her behind the bushes and sexually assaulted her against her wishes. On the basis of the aforesaid statement of her made under Sec. 154 of Cr.P.C, an FIR was lodged against the present bail petitioner and co-accused Purshotam, who is a juvenile and at present is on bail. The present bail petitioner had earlier approached this Court by way of Cr. MPM No. 1574 of 2017, praying therein for grant of bail, however, same was dismissed as withdrawn.