CHAMAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Chaman Lal, who is behind bars since 11.07.2019, has preferred the instant bail petition under Section 439, Cr.P.C. for grant of regular bail in connection with FIR No. 179/19, dated 09.07.2019, under Sections 363, 376, 376(3) and 506 of IPC, and Sections 4 and 6 of the POCSO Act, registered at P.S. Sunder Nagar, District Mandi, H.P.

(2.) Sequel to order dated 10.12.2019, ASI Jagat Ram, has come present alongwith records. Mr. Sudhir Bhatnagar, learned Additional 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.

(3.) Record/status report made available to this Court reveals that on 09.07.2019 victim-prosecutrix (name withheld) lodged a complaint alleging therein that on 1st and 2nd January, 2019, bail petitioner repeatedly called her on the mobile phone of her mother and insisted her to join his company. She further alleged that on 07.01.2019 bail petitioner asked her to elope with him on the pretext of marriage. She alleged that since the bail petitioner repeatedly extended threats to her, she quietly followed his instructions and went to Nalagarh. She alleged that on 08.01.2019 bail petitioner firstly took her to Nalagarh, from where she went to village Baral alongwith the bail petitioner. She alleged that on 13.01.2019 bail petitioner sexually assaulted her against her wishes. She also alleged that bail petitioner physically assaulted her continuously for five months under the influence of liquor and, as such, appropriate action in accordance with law be taken against him.