VIKAS KASHYAP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dated 5.8.2019, whereby bail petitioner was ordered to be enlarged on bail in case FIR No.67 of 2019, dated 2.8.2019 under Sections 376, 419 and 506 of IPC, registered at Police Station, Kumarsain, District Shimla, Himachal Pradesh, SHO Phool Singh, has come present in Court alongwith the record. Mr. Sanjeev Sood, learned Additional Advocate 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.

(2.) Close scrutiny of the record/status report, reveals that on 2.8.2019, victim- prosecutrix ( hereinafter referred to as the prosecutrix', name withheld to protect her identity ) lodged a complaint at police Station, Kumarsain, District Shimla, H.P.,alleging therein that bail petitioner, who is a Teacher in Government School, repeatedly sexually assaulted her against her wishes on the pretext of marriage. She alleged that since she hails from poor family, bail petitioner, who is a Government employee, not only extended threats to her, but also compelled her to develop physical relations with him and as such, appropriate action be taken against the bail petitioner.

(3.) Mr. Sanjeev Sood, learned Additional Advocate General, on instructions of the Investigating Officer, fairly stated that pursuant to order dated 5.8.2019 bail petitioner has joined the investigation and is fully co-operating. He stated that though nothing remains to be recovered from the bail petitioner, but keeping in view the gravity of offence alleged to have been committed by the bail petitioner, he does not deserve any leniency and as such, prayer for grant of bail made on behalf of the bail petitioner may be rejected.