SONU DESHTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Sonu Deshta, who is behind bars since 20.7.2019, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, praying therein for grant of regular bail in connection with FIR No. 148/19, dated 20.7.2019, under Sections 363, 366, 376 and 506 of IPC and Section 3 of the SC&ST Act, registered at P.S. Sadar, Shimla, District Shimla, H.P.

(2.) In terms of order dated 5.8.2019, Mr. Parmod Shukla, Dy. S.P. HQ Shimla and ASI Rampal I/O. P.S. Sadar, Shimla District Shimla, H.P., have come present alongwith records. Mr. Sudhir Bhatnagar, 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.) Record/status report made available to this Court reveals that on 20.7.2019, complainant namely Satya Prakash, who is brother of the victim-prosecutrix (name withheld) lodged a complaint at PS Sadar, Shimla, alleging therein that his sister i.e. victim-prosecutrix, has gone missing and he has apprehension that some unknown person has made her to elope with him. Complainant also made available one text message allegedly sent by victim-prosecutrix to person namely Ayush, who was also her friend. In the alleged message, victim-prosecutrix requested the person named herein above, to rescue her from Rohru, District Shimla, H.P. On the basis of aforesaid complaint/information, given by the complainant, investigating team on the basis of tower location of telephone from where message was sent to Ayush, recovered victim-prosecutrix from the house of person namely Negi Ram, Village Sainji. Police after recording the statement of victim-prosecutrix and other spot witnesses registered case on 20.7.2019 against the present bail petitioner under Sections 363, 366, 376, 506 of IPC and Section 3 of the SC&ST Act and since then, he is behind bars.