RAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant bail petition filed under Section 439 of Cr.PC, prayer has been made on behalf of the bail petitioner for grant of regular bail in FIR No. 45/18 dated 13.4.2018, under Sections 376, 342 and 506 of IPC, registered at PS Tissa, District Chamba, HP.

(2.) Sequel to orders dated 25.2018 and 29.5.2018, passed by this Court, ASI Virender Singh I/o, P.S. Tissa, District Chamba, HP, has come present in Court alongwith record of the case. Record perused and returned. Mr. S.C. Sharma, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the investigating agency.

(3.) Close scrutiny of the record/status report suggests that on 12.4.2018, complainant/prosecutrix got her statement recorded under Section 154 Cr.PC, alleging therein that after death of her mother, she started residing with her maternal grandfather at village Myas. She further alleged that six months back, when she had come to the house of her maternal uncle, bail petitioner namely Ram Chand, who happened to be her cousin, sexually assaulted her against her wishes. Since she was threatened by the bail petitioner, she did not report the matter to the police. She further alleged that though she had brought the matter to the notice of other family members, but she was persuaded not to lodge any complaint against the bail petitioner. 10-12 days prior to lodging of the complaint, bail petitioner came to the residence of his father at Chamba Baalu, wherein she disclosed factum with regard to the sexual assault committed upon her by the bail petitioner, to her aunt namely Gorkhi, who subsequently brought her to office of SP Chamba. In the aforesaid background, FIR as detailed herein above, came to be lodged against the bail petitioner and since, 14.2018, bail petitioner is behind the bars.