SHRAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner-Shrawan Kumar, who is behind the bars since 10.9.2019, has prayed for regular bail in FIR No. 38, dated 18.12.2017, under Ss. 376, 506 and 201 IPC registered at Women Police Station, Mandi, District Mandi, Himachal Pradesh.

(2.) Sequel to order dated 4.11.2019, ASI Dinesh Kumar has come present with the record. Mr. Sudhir Bhatnagar, learned Additional 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. Whether reporters of the local papers may be allowed to see the judgment?

(3.) Record/status report made available to this Court reveals that on 18.12.2017, victim-prosecutrix (name withheld) aged 20 years, lodged a complaint with the Women Police Station, Mandi, that when she was studying in plus two, she came into contact with the bail petitioner through Facebook. She alleged that she kept on meeting and talking to the bail petitioner for almost eight months but subsequently when she came to know that the bail petitioner belongs to a Scheduled Caste, she stopped talking to him. She alleged that thereafter, bail petitioner threatened her to do away with her life and started blackmailing her. She further alleged that in October, 2016, she had gone for vacations to her parental house, bail petitioner allegedly called her to Mandi and sexually assaulted her against her wishes in a Hotel at Mandi. She further alleged that after 8-9 days of aforesaid alleged incident, bail petitioner again called her to the same Hotel and again sexually assaulted her against her wishes. Victim-prosecutrix alleged that since she was afraid and apprehending that the bail petitioner would upload her photographs on the internet, she did not disclose the aforesaid incidents to anybody in the family. She alleged that the bail petitioner unauthorizedly transferred some of her photographs from the laptop and then threatened her to upload the same on Facebook. Victim-prosecutrix also alleged that the bail petitioner used to extort money from her and till date, has taken Rs.17,000- 18,000/- from her. She alleged that day before lodging of complaint, bail petitioner posted a photograph of her on Facebook, which came to be noticed by her brother and thereafter she disclosed the alleged incident to her family members. On the basis of the aforesaid complaint made by the victim-prosecutrix, who otherwise is major, FIR detailed herein above, came to be lodged against the bail petitioner.