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2021 Supreme(HP) 485

SANDEEP SHARMA
Rakesh Kumar – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates appeared:
Sanjeev Bhushan, Advocate, Rakesh Chauhan, Advocate, Arvind Sharma, Advocate, Kunal Thakur, Advocate

JUDGMENT

Sandeep Sharma, J. - Bail petitioner, Rakesh Kumar, who is behind the bars since 30.4.2021, has approached this court in the instant proceedings filed under S.439 CrPC, for grant of regular bail in FIR No. 28, dated 30.4.2021, under Ss. 452, 376 and 506 IPC registered at Police Station Arki, District Solan, Himachal Pradesh.

2. Status report filed in terms of order dated 6.5.2021, reveals that on 30.4.2021, victim-prosecutrix (name withheld) lodged a complaint at Police Station Arki, district Solan, Himachal Pradesh alleging therein that on 26.4.2021, at 11.00 pm, bail petitioner finding her to be alone, sexually assaulted her against her wishes. She alleged that though at the time Ashish of alleged incident, her mother-in-law and younger son, Kumar, were in the house but since bail petitioner had threatened her to falsely implicate her younger son in a case, she kept mum and did not disclose the incident to anybody. Victim-prosecutrix also alleged that prior to the alleged incident, bail petitioner also sexually assaulted her against her wishes on 2-3 occasions. In the aforesaid background, FIR in question, came to be lodged against the present bail petitioner and since 30.

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