KARAN MANHAS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dated 2.12.2019, whereby bail petitioner was ordered to be enlarged on bail in case FIR No. 174/2019 dated 8.11.2019, under Section 354, 366, 376, 504 , 506 and 511of IPC, ASI Man Singh, has come present along with records. Record perused and returned.

(2.) Mr. Anil Jaswal, learned Additional Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency. Learned Additional Advocate General, on the instructions of Investigating Officer, who is present in the Court, while admitting that petitioner has joined the investigation pursuant to order dated 2.12.2019, contended that keeping in view the gravity of offence alleged to have been committed by the bail petitioner, prayer made on behalf of the petitioner may be rejected outrightly. He while making this Court to peruse the record argued that the bail petitioner has sexually assaulted the victim-prosecutrix repeatedly against her wishes on the pretext of marriage and as such, it may not be in the interest of justice to enlarge him on bail because in the event of his being enlarged on bail, he may not only flee from justice, rather may make an attempt to cause harm to the victim-prosecutrix, whose statement is yet to be recorded before the Court below.

(3.) Having heard learned counsel for the parties and perused material available on record, this Court finds that victim-prosecutrix filed a complaint under Section 156(3) of CrPC before the JMIC Jawali, District Kangra, praying therein to take appropriate action against the bail petitioner, who allegedly sexually assaulted her against her wishes.