ROHAN MEHTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely, Rohan Mehta, has approached this Court in the instant proceedings filed under Sec. 438 of the Code of Criminal Procedure, praying therein for grant of anticipatory bail in case FIR No.39 of 2019, dated 8.3.2019, under Sections 376, 417 of IPC, registered at police Station, Dhali, District Shimla, Himachal Pradesh.

(2.) Sequel to order dated 15.5.2019, ASI Joginder Singh has come present alongwith the record. Mr. Sanjeev Sood, learned Additional Advocate General, has also placed on record fresh status report, prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Close scrutiny of the record/status report, reveals that at first instance complainant (hereinafter referred to as the prosecutrix) lodged Zero FIR No.55 at police Station, Yamuna Nagar (Haryana), which subsequently came to be transferred to police Station, Kandaghat, District Solan, H.P. On the basis of aforesaid Zero FIR, police Station, Kandaghat lodged fresh FIR No.81 of 2018, dated 26.9.2018 under Sections 376 IPC, which further came to be transferred to police Station, Dhali, District Shimla, H.P. Police station, Dhali (Shimla) lodged FIR No.39 of 2019, dated 8.3.2019 under Sections 376 and 417 of Penal Code against the petitioner/accused. Prosecutrix alleged that she met petitioner/accused in a shop at Yamuna Nagar and thereafter they both developed intimacy and started talking to each other. After sometime, prosecutrix went abroad, but subsequently she came back to this country on the insistence of bail petitioner, who insisted her for marriage. Allegedly, on 17th May, 2018 both petitioner and prosecutrix got engaged with each other in a ceremony held in the presence of their family members at Buffet Hut Hotel Yamuna Nagar(Haryana). On 18th May, 2018, entire family of the petitioner/accused alongwith prosecutrix came to Chail, District Solan (HP), where bail petitioner allegedly on the pretext of marriage compelled the prosecutrix to have intercourse with him. Though, marriage was fixed to be solemnized on 13th Dec., 2018 and all the arrangements were made, but suddenly on 18th/19th Sept., 2018 bail petitioner refused to solemnize marriage with the prosecutrix and she was compelled to lodge complaint at Women police Station, Yamuna Nagar (Haryana) on 20th Sept., 2018. On the basis of aforesaid statement having been made by the prosecutrix, Zero FIR , referred hereinabove, came to be lodged against the bail petitioner at Yamuna Nagar. Since alleged offence, as has been taken note hereinabove, allegedly came to be committed at Chail, District Solan, Himachal Pradesh, Zero FIR lodged at Yamuna Nagar came to be transferred to police Station, Kandaghat, who subsequently referred the matter to police Station, Dhali under whose jurisdiction alleged place of occurrence falls.