PURSHOTAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Purshotam Chand, who is behind bars since 30.9.2018, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, for grant of regular bail in connection with FIR No. 48/18, dated 30.9.2018, under Sections 376, 323, 341 and 506 of IPC, registered at P.S. Mcleodganj, District Kangra, H.P.

(2.) In terms of order dated 4.10.2019, ASI Rakesh Parmar, has come present alongwith records. Mr. Kunal Thakur, learned Deputy Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency. Record perused and returned. Whether the reporters of the local papers may be allowed to see the judgment?

(3.) Record/status report made available to this Court reveals that on 30.9.2018, victim-prosecutrix (name withheld) lodged a complaint at PS Mcleodganj, Dharamshala, District Kangra, alleging therein that she on 29.8.2018, at 9:30 am, had gone to Tanda Hospial for taking medicines and at 7:30pm, while she was going back to her house, bail petitioner, who happened to be her nephew, met her near Salli Bus stand and offered to drop her at her house. Allegedly, the bail petitioner asked the victim-prosecutrix that since she is going alone to her house, he would accompany her. Victim-prosecutrix further alleged that the bail petitioner while walking with her started behaving indecently and thereafter, forcibly took her behind the bushes adjacent to the road leading to her house, where she was sexually assaulted against her wishes. Victim- prosecutrix further alleged that since her mouth was gagged by the bail petitioner, she was unable to raise alarm. At 8:15pm, on the date of alleged incident, victim-prosecutrix informed her husband about the incident and thereafter, on 30.9.2018 came to police station Mcleodganj for lodging report. On the basis of aforesaid report, formal FIR as detailed herein above, came to be lodged against the bail petitioner on 30.9.2018 and since then he is behind the bars.