KARAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dated 14.6.2019, whereby bail petitioner was ordered to be enlarged on interim bail in the event of his arrest in case FIR No.136 of 2019, dated 11.6.2019, under Section 376 IPC, registered at Police Station (West) Boileuganj, District Shimla, Himachal Pradesh, Sub- Inspector Kiran, has come present in Court alongwith the record. Mr. Sudhir Bhatnagar, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(2.) Close scrutiny of the record/status report, reveals that on 11.6.2019, prosecutrix lodged a complaint with police Station (West) Boileuganj, District Shimla, H.P., alleging therein that she had met the bail petitioner for first time at Solan, whereafter they were in taking terms with each other on the phone. She further alleged that bail petitioner allured her on the pretext of marriage and thereafter sexually assaulted her against her wishes. As per complainant, she on 15.1.2019 went to Zirakpur (PB), alongwith the bail petitioner, where he developed physical relation on the pretext of marriage. Again on 23.3.2019, bail petitioner sexually assaulted the prosecutrix at some unknown hotel at Zirakpur(PB), whereafter prosecutrix became pregnant. Allegedly, on 31.5.2019, bail petitioner compelled the prosecutrix to abort the child. Since bail petitioner refused to solemnize marriage, complaint, as referred hereinabove, came to be lodged against the bail petitioner. On the basis of aforesaid complaint, FIR, as detailed hereinabove, came to be lodged against the bail petitioner.

(3.) Mr. Sudhir Bhatnagar, learned Additional Advocate General, on the instructions of Investigating Officer, who is present in Court, fairly states that pursuant to order dated 14.6.2019, bail petitioner has joined the investigation and is fully co-operating with the investigating agency. He further states that investigation in the case is complete and nothing is required to be recovered from the bail petitioner, however Mr. Bhatnagar, states that in case this Court intends to release the bail petitioner on bail, he may be directed to make himself available for investigation as well as trial as and when called by the Investigating Agency.