AMARJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release in case FIR No. 333 of 2017, dated 22.12.2017, under Section 328 and 376 of Indian Penal Code, 1860 (hereinafter referred to as "the IPC "), registered at Police Station Sadar, District Hamirpur, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 22.12.2017 police received an FIR, through post, from SP Office, Ambala City, wherein the prosecutrix, who is resident of Ambala (Haryana), alleged that in March, 2016, she came to Hamirpur, H.P., in connection with her job and she came in contact with the petitioner, as the petitioner also used to work in the same company. The petitioner asked the prosecutrix to come to his house to meet his parents and when she went to his house his parents were not there. When the prosecutrix inquired about the parents of the petitioner, he told her that they had gone to a temple. The petitioner made the prosecutrix to drink cold drink and after consuming the same she felt giddiness and lost her consciousness. When the prosecutrix woke up, she found herself naked and the petitioner told her he had sexual intercourse with her, made her MMS and also clicked her obscene photos. Thereafter, the petitioner time and again sexually assaulted the prosecutrix forcibly and also threatened her. When the prosecutrix divulged the same to the parents of the petitioner, they initially agreed for her marriage with the petitioner, but they did not. Lastly, the prosecutrix disclosed all the facts to her parents and her parents also talked with the parents of the petitioner. The parents of the petitioner again agreed for the marriage of the petitioner with the prosecutrix and during November, 2017, the petitioner came to Ambala for attending marriage ceremony in prosecutrix's relation and there also he sexually assaulted the prosecutrix. Thereafter, the petitioner refused to marry the prosecutrix and also threatened her. The petitioner threatened to upload the obscene photos and MMS on internet. On the basis of the complaint, so made by the prosecutrix, an FIR was registered under Sections 376 , 328 , 120(B) , 506 IPC and Section 67 of the IT Act in Ambala and the same was transferred to Police Station Sadar, District Hamirpur, H.P. through post. On the basis of the FIR so received from Amabala, police investigation ensued. r The statement of the prosecutrix was recorded under Section 161 Cr.P.C. and she was medically examined. At the instance of the prosecutrix, spot map was prepared and her statement under Section 164 Cr.P.C. was recorded before the Magistrate. As per the prosecutrix, in her statement made under Sections 161 and 164 Cr.P.C., the petitioner has married her on 26.07.2016 and in police investigation it was found to be true. All the record qua the marriage of the prosecutrix with the petitioner was taken into possession. The prosecutrix has further divulged that the petitioner had not prepared any MMS or clicked her obscene photos, thus Sections 120B , 506 IPC and Section 67 of the IT Act were deleted from the FIR. As per the prosecution, the investigation is at the initial stages and the petition may be dismissed.