HEM RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant bail petition under Section 439 CrPC has been filed by the bail petitioner, namely Hem Raj, who is behind bars since 11.11.2019, for grant of regular bail in connection with FIR No. 259/19, dated 11.11.2019, under Sections 376, 417 and 506 of IPC, and Section 3 of SC/ST Act, registered at P.S. West Shimla, District Shimla, H.P.

(2.) In terms of order dated 27.11.2019, ASI Ramesh Lata, has come present alongwith records. Mr. Anil Jaswal, learned Additional Advocate General, has also placed on record status report prepared on Whether the reporters of the local papers may be allowed to see the judgment the basis of investigation carried out by the Investigating Agency. Record perused and returned.

(3.) It emerges from the record/status report made available to this Court that, on 11.11.2019, victim-prosecutrix (name withheld) aged 28 years, lodged a complaint at PS Boileuganj, District Shimla, H.P., alleging therein that the bail petitioner has repeatedly sexually assaulted her against her wishes on the pretext of marriage. Victim-prosecutrix alleged that for the last six years, she has been residing in Shimla and in the year, 2017, bail petitioner met her at Arki and stated that he likes her. Victim prosecutrix alleged that since year 2017, she was in constant touch with the present bail petitioner. Victim-prosecutrix alleged that in April, 2018, bail petitioner took her to his quarter at Shiv Nagar on the pretext that his mother has come, but when she reached there, there was nobody in the quarter and bail petitioner thereafter sexually assaulted her against her wishes. She also alleged that after the aforesaid incident, which has occurred in April, 2018, bail petitioner has been sexually assaulting her against her wishes repeatedly on the pretext of marriage. She alleged that lastly, in the month of July, 2019, bail petitioner developed physical relations with her at his quarter at Shiv Nagar, but when she asked him to solemnize marriage, he refused on the ground that she hails from Scheduled Caste category. In the aforesaid background, victim prosecutrix prayed that appropriate action in accordance with law be taken against the bail petitioner. On the basis of aforesaid statement made by victim-prosecutrix, FIR detailed herein above, came to be lodged against the bail petitioner on 11.11.2019 and since then, he is behind the Bars.