PRINCE KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under S.439 CrPC, prayer has been made on behalf of the petitioner for grant of regular bail in case FIR No. 12, dated 18.1.2019, under Ss. 376 and 120B Penal Code and S.4 of the Protection of Children from Sexual Offences Act, registered at Police Station, Dehra, District Kangra, Himachal Pradesh.

(2.) Though, ASI Gurbax Singh has come present, but he states that since the file relating to the investigation is lying with the District Attorney concerned, he was unable to bring the record of the case. Mr. Sudhir Bhatnagar, learned Additional Advocate General has, however, filed the status report, perusal whereof reveals that on 18.1.2019, victimprosecutrix (name withheld), got her statement recorded under S.154 CrPC, alleging therein that the bail petitioner, who hails from her village, called her over the telephone and asked to meet him at Hazipur Bus Stop. On 18.1.2019, victimprosecutrix met the bail petitioner, who was waiting for her and thereafter bail petitioner forced the victim-prosecutrix to come to Himachal for sight-seeing. Allegedly the bail petitioner took victim-prosecutrix to Chintpurni, District Una on his Scooty bearing registration No. PB-07BJ-5043 As per victimprosecutrix, bail petitioner took her to Hotel Dawat, against her wishes, where they consumed food in a room. It is further alleged that the bail petitioner sexually assaulted the victimprosecutrix twice against her wishes in a room of the hotel. Victim-prosecutrix, in her aforesaid statement further alleged that she requested the bail petitioner to let her go to her house but, in the meantime, Police came at the spot. On the basis of the aforesaid statement having been made by the victimprosecutrix, a formal FIR, as detailed herein above came to be lodge against the present bail petitioner and, since then, he is behind the bars.

(3.) Having heard learned counsel for the parties and perused the material available on record, this court finds that the statement under S.154 Crimial P.C. came to be made by the victim-prosecutrix when both, bail petitioner and victimprosecutrix, were apprehended by the Police at Hotel Dawat, near Chintpurni, District Una, Himachal Pradesh. Victimprosecutrix, in her statement made under S.164 CrPC, before the Additional Chief Judicial Magistrate, Dehra, has categorically stated that she knew the bail petitioner for the last one year and earlier also, she had gone with him to Chintpurni. She has specifically stated in her statement that the bail petitioner has not done anything wrong with her and as such, she does not want any action to be taken against the bail petitioner.