RAJIV GOYAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant bail petition under Section 439 CrPC has been filed by the bail petitioner, namely Rajiv Goyal, who is behind bars since 1.11.2019, for grant of regular bail in connection with FIR No. 56/19, dated 31.10.2019, under Sections 376 and 506 of IPC and Section 67 of IT Act, registered at WPS Solan, District Solan, H.P.

(2.) In terms of order dated 2.12.2019, SI Brij Lal, has come present alongwith records. Mr. Anil Jaswal, 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.) Close scrutiny of record/status report made available to this Court reveals that, on 31.10.2019, victim-prosecutrix (name withheld) submitted a written complaint to the Additional SP Solan, District Solan, alleging therein that during her training in the year, 2014, she came in the contact of present bail petitioner, who assured to help her in a case having been filed by her against her husband under the Domestic Violence Act. She alleged that since she was mentally depressed on account of her relationship with her-in-laws and husband, she on the askance of the bail petitioner met her at MLA Hostel, Shimla in the year, 2014. Victim-prosecutrix further alleged that in MLA Hostel, bail petitioner made her to drink some intoxicant and thereafter, sexually assaulted her against her wishes. Victim-prosecutrix further alleged that since she had come close to the bail petitioner, he taking undue advantage of her emotions clicked nude photographs and thereafter, threatened to upload them on the internet. Victim-prosecutrix alleged that once the case lodged by her against her husband was resolved, she went back to her husband and blocked the bail petitioner. She alleged that in the meantime, lady namely Pooja Chauhan, R/o Faridabad, became her friend. Allegedly above named Pooja also clicked some obscene photographs of her and thereafter, started blackmailing her. Victim prosecutrix in a complaint lodged to police alleged that both the bail petitioner and Pooja Chauhan somehow came in contact of each other and now they both are harassing her. Complainant alleged that bail petitioner along with Pooja Chauhan uploaded her certain objectionable photographs on Facebook and as such, prayed that appropriate action may be taken against the persons named herein above. On the basis of aforesaid complaint, FIR detailed herein above, came to be lodged against the bail petitioner and Pooja Chauhan. Bail petitioner is behind the bars since 1.11.2019, whereas, other co-accused Pooja Chauhan is absconding.