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2020 Supreme(HP) 743

ANOOP CHITKARA
Narender Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Rajesh Kumar Parmar, Advocate, S.C. Sharma, Advocate, Nand Lal Thakur, Advocate

JUDGMENT

Anoop Chitkara, J. - A soldier in Indian army aged 24 years, who is in custody for committing forcible sexual intercourse, threat and recording the obscene acts with a lady, when on leave, has come up before this Court seeking regular bail.

2. The police arrested the petitioner on 27.12.2020 in FIR No.42 of 2020, dated 26.12.2020, registered under Sections 376, 506, IPC and Section 66E, IT Act in Women Police Station, Solan, Himachal Pradesh, disclosing cognizable and nonbailable offences.

3. Briefly stated the facts of the case are that the victim, who is aged 34 years and a married lady informed the Superintendent of Police against the accused Narender Singh. The allegations against the petitioner are:-

    (i) That the victim is a married lady and has two children. However, her husband resides separately from them.

      (ii) The accused kept on calling her on her mobile number.

        (iii) In August, 2018, the accused visited her home and conveyed his intention to marry and requested her to search a girl for him. She asked him to leave his house, but instead of leaving her house, he started indulging in obscene acts with her and made physical relations with her against her wishes. After th

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