YOGINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Yoginder Singh, who is behind the bars since 24.7.2019, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No.32/2019, dated 23.7.2019, under Sections 376 and 323 of IPC, registered at Women Police Station, Solan District Solan, Himachal Pradesh.

(2.) Sequel to order dated 5.8.2019, ASI Sanjeev Kumar has come present 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.

(3.) Close scrutiny of the record/status report, reveals that on 23rd July, 2019 victim-prosecutrix (hereinafter referred to as the prosecutrix', name withheld to protect her identity) aged 20 years, lodged a complaint at Women Police Station, Solan, District Solan, H.P., alleging therein that bail petitioner, who was known to her for the last 5-6 years, sexually assaulted her against her wishes and thereafter also blackmailed her. She also alleged that bail petitioner asked for 30,000-40,000/- from her, failing which he would upload the photographs of the prosecutrix on the Internet. She further alleged that petitioner repeatedly used her on the pretext of marriage and as such, appropriate action be taken against him. On the basis of aforesaid complaint, formal FIR, as detailed hereinabove, came to be lodged against the petitioner under Sections 376 and 323 of IPC on 23.7.2019and since then he is behind the bars.