RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Rakesh Kumar, has approached this Court in the instant proceedings filed under Section 438 of the Code of Criminal Procedure, praying therein for grant of anticipatory bail in case FIR No.64 of 2018, dated 31.12.2018, under Sections 376, 323 and 506 of IPC, registered at police Station, Mcleodganj, District Kangra, Himachal Pradesh.

(2.) Sequel to order dated 4.2.2019, ASI Rakesh Parmar has come present alongwith the record. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record fresh status report, prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Close scrutiny of the record/status report, reveals that on 31.12.2018, complainant(hereinafter referred to as the prosecutrix) got her statement recorded under Section 154 Cr.P.C., at police Station Mcleodganj, District Kangra, Himachal Pradesh, alleging therein that she knows the bail petitioner since 2009 and since school time, they had close relationship. Prosecutrix further alleged in the complaint that since year, 2013, bail petitioner has been sexually assaulting her against her wishes on the pretext of marriage. She further alleged that bail petitioner did not allow her to continue her study after 10+2. Lastly, in April, 2018, bail petitioner forcibly committed sexual assault upon her against her wishes at place called Bhagsu road (Galli). She further alleged that in the year, 2017 her mother met bail petitioner with a proposal to marry prosecutrix, but bail petitioner blatantly refused. She further alleged that on 27.11.2018, at 6:30 PM, bail petitioner and his family members came to her house and threatened her as well as her family members. On the basis of aforesaid statement having been made by the prosecutrix, FIR detailed hereinabove, came to be lodged against the present bail petitioner. This Court vide order dated 2.1.2019, ordered that bail petitioner be enlarged on bail in the event of his arrest subject to his joining investigation.