MANISH ROHTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dated 19.12.2019, whereby bail petitioner was ordered to be enlarged on bail in case FIR No. 238/19 dated 17.12.2019 under Sections 376 and 506 of IPC, registered with Police Station Dhalli, District Shimla, HP, ASI Ravinder Singh, has come present along with 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.

(2.) Record/status report made available to this Court reveals that on 17.12.2019, victim-prosecutrix (name withheld) lodged a complaint at PS. Dhalli, alleging therein that the bail petitioner repeatedly sexually assaulted her against her wishes on the pretext of marriage. She alleged that approximately one year back, she came in the contact of the bail petitioner through face book and since then, they have been meeting and talking to each other frequently. She alleged that twice she met the bail petitioner in her room, where he forcibly sexually assaulted her against her wishes on the pretext of marriage. She alleged that lastly, she met the bail petitioner on 27.11.2019, in her room at Bhatakufar. She alleged that now bail petitioner has started ignoring her and she has acquired information that he is already in live-in relationship with some other person and as such, appropriate action in accordance with law be taken against him. On the basis of aforesaid complaint, FIR detailed herein above, came to be lodged against the present bail petitioner.

(3.) Learned Additional Advocate General, on the instructions of Investigating Officer, who is present in the Court, while admitting that petitioner has joined the investigation pursuant to order dated 2.12.2019 and nothing remains to be recovered from him, contended that keeping in view the gravity of offence alleged to have been committed by the bail petitioner, prayer made on behalf of the petitioner may be rejected outrightly at this stage.