GAURAV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Gaurav, who is behind bars since 8.7.2019, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, for grant of regular bail in connection with FIR No. 69/19, dated 23.6.2019, under Sections 363, 366 and 376 of IPC and Section 4 of POCSO Act, registered at P.S. Gagret, District Una, H.P.

(2.) In terms of order dated 14/30.10.2019, HC Sanjeev Kumar, has 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. Whether the reporters of the local papers may be allowed to see the judgment?

(3.) Record/status report made available to this Court reveals that on 23.6.2019, complainant Rajinder Singh lodged a complaint at PS Gagret, alleging therein that victim-prosecutrix (aged 17 years and two months, had been living at Village Ambota, Tehsil Ghanari District Una alongwith him, but in the intervening night of 20/21.6.2019, she went missing. He stated that he made all out efforts to know her whereabouts, but in vain. He stated that he has apprehension that some unknown person has made her to elope with him. On the basis of aforesaid complaint lodged by the complainant, FIR as detailed herein above came to be lodged against the bail petitioner and police started investigating the matter. On 8.7.2019, police recovered the victim-prosecutrix along with his uncle at bus stand Una. Police after recording the statement of victim-prosecutrix under Section 161 Cr.PC also got her statement recorded under Section 164 Cr.PC before the Judicial Magistrate, wherein she stated that her maternal grandmother's house is at Ambota, whereas her father lives at Bilaspur. She stated that she knows the bail petitioner for the last three years as a friend, who in December, 2018, had also provided one mobile phone to her, about which, she never disclosed to anyone in the family. She stated that on 21.6.2019, she had to go to Bilaspur from Ambota and when she disclosed this fact to the bail petitioner, he came to Ambota and thereafter at 10:30/11:00AM, she without disclosing anybody at her house at Ambota joined the company of the bail petitioner for going to Bilaspur. She alleged that after having reached Baijnath, she found/realized that bail petitioner is taking her to somewhere else, not to Bilaspur, but when she questioned the bail petitioner, he extended threats. She further alleged that bail petitioner thereafter took her to Mandi and sexually assaulted her against her wishes. She deposed that since she had no phone, she could not inform her family members. She further alleged that bail petitioner also extended threats that in case, she discloses about the alleged incident to anybody, he would upload her photos on the internet. She further alleged that the bail petitioner wanted to marry her, but she was not interested. On the basis of aforesaid statement made by the prosecutrix, FIR detailed herein above, came to be lodged against the bail petitioner and since 8.7.2019, he is behind the bars.