ANIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, Anil Kumar, who is behind the bars since 27.3.2019, has approached this court in the instant proceedings filed under S.439 CrPC, seeking therein regular bail in FIR No. 29, dated 27.3.2019 under Ss. 376D, 342, 323 and 506 IPC, registered at Police Station Sangrah, Sirmaur, Himachal Pradesh.

(2.) Sequel to order dated 21.6.2019, SI Jeet Ram has come present with the record. Mr. Kunal Thakur, learned Deputy Advocate General has also placed on record status report prepared by the investigating agency on the basis of investigation carried out by it. Record perused and returned.

(3.) Perusal of record/status report reveals that on 27.3.2019, victim-prosecutrix (name withheld) lodged a complaint at Police Station Sangrah, District Sirmaur, Himachal Pradesh, alleging therein that on 25.3.2019, while she was going to cut grass at 2.30-3.00 pm, accused Anil, invited her to his house offering her grass and wine. It is further alleged that the victim-prosecutrix, on the askance of accused went to his house, where his wife and another accused namely Ashok Kumar were present. Wife of Anil Kumar provided food to victim-prosecutrix and thereafter all the persons present therein consumed liquor. It is alleged that wife of Anil Kumar, went to bring Biri from the nearby shop. In the meantime, bail petitioner incited co-accused Ashok Kumar to forcibly commit sexual assault upon the victim-prosecutrix. As per version of the victim-prosecutrix, bail petitioner forcibly unclothed her and pushed Ashok Kumar over her, who subsequently sexually assaulted the victim-prosecutrix against her wishes. It is also alleged that the bail petitioner and co-accused kept victim-prosecutrix in wrongful confinement for 3-4 hours. In the evening, accused allowed victim-prosecutrix to go to her house, who thereafter did not disclose incident to her family members on the same day, but, on the next day, she disclosed entire incident to her sister-in-law. FIR, as taken note herein above, came to be lodged against bail petitioner on 27.3.2019 and since then, he is behind the bars.