RAJAT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By means of present petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail, in F.I.R. No.63/2019 dated 11.05.2019, under Section 354-D of Indian Penal Code and Sections 12 and 17 of POCSO Act, registered at Police Station, Shahpur, District Kangra, H.P.

(2.) I have heard Mr. Vijender Katoch, learned counsel for the petitioner and Mr. Anil Jaswal, learned Additional Advocate General for the respondent-State and gone through the status Whether reporters of Local Papers may be allowed to see the judgment? Yes. report as well as relevant record for the purpose of adjudication of present petition.

(3.) The status report reveals that:- the complainant aged 16 years, resided with her maternal grand-mother at Village Manjhgran, Tehsil Shahpur, District Kangra, H.P; bail petitioner alongwith Abhishant alias Nandu started following her; complainant was persuaded by Abhishant @ Nandu to talk to petitioner on mobile phone; Abhishant also asked the complainant to accept petitioner's friend request on Face Book, which was accordingly accepted by her; complainant started chatting with the bail petitioner; Abhishant told her to stay in touch with the bail petitioner and that bail petitioner would marry her; however, complainant did not like Abhishant and Rajat and eventually refused to meet them or talk to them; she also told the petitioner not to indulge in dirty talks with her; she was threatened by the bail petitioner that he will kill himself and will implicate her family; he also threatened to take away lives of her father and brother; bail petitioner threatened to kidnap her; 2-3 days prior to lodging of the complaint, bail petitioner came near the house of complainant in his vehicle and telephonically compelled her to come outside her house, when she came there, she was compelled to sit in his vehicle, when bail petitioner started clicking her photographs; on being asked as to why bail petitioner was clicking her photographs, he threatened her with dire consequences, in case she would refuse to marry him; thereafter the complainant left the vehicle of the bail petitioner and narrated the entire incident to her mother on telephone, whereafter the instant FIR was lodged.