RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Rakesh Kumar @ Rajender, who is behind the bars since 6.6.2019, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No. 57/2019, dated 6.6.2019, under Sections 377, 511, 506 of IPC and Section 8 of the Protection of Children from Sexual Offences Act, registered at police Station, Gohar, District Mandi, Himachal Pradesh.

(2.) Pursuant to order dated 27.8.2019, ASI Narayan Lal, has come present alongwith the record. Mr. Kunal Thakur, learned Deputy General has also placed on record 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 on 6.6.2019, complainant/victim (name withheld to protect his identity) got his statement recorded under Section 154 Cr.P.C. to the police official of police Station, Gohar, District Mandi, H.P., alleging therein that on 5.6.2019 his cousin brother Chaman Lal took him to place called Kamarunag and asked him to work with the bail petitioner. Complainant alleged that though bail petitioner agreed to pay sum of Rs. 6000/- per month to him, however, on the same day, at 10:00 PM, above named bail petitioner made an attempt to commit unnatural sex with him while he and bail petitioner were sleeping on the same bed. Complainant alleged that he having noticed indecent behaviour of the bail petitioner got up from the bed, but he was threatened with dire consequences by the bail petitioner and as such, he could not tell/narrate the incident to anybody at that juncture. Subsequently, on 6.6.2019 he disclosed the entire incident to his cousin brother Chaman Lal, who subsequently asked him to report the matter to police. On the basis of aforesaid complaint having been made by the complainant/victim, FIR, as detailed hereinabove, came to be lodged against the present bail petitioner under Sections 377, 511, 506 of IPC and Section 8 of POCSO Act and since 6.6.2019, bail petitioner is behind the bars.