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2021 Supreme(HP) 453

ANOOP CHITKARA
Dinesh Kumar – Appellant
Versus
State Of H. P. – Respondent


Advocates appeared:
Mr. Onkar Jairath & Mr. M.A. Safee, Advocates, for the Appellant; Mr.Ajay Vaidya, Sr. Addl. A.G, Mr. Bhupender Thakur, Mr. Gaurav Sharma, Mr. Rajat Chauhan, for the Respondent.

ORDER

Anoop Chitkara, Vacation J. - The petitioner, incarcerating upon his arrest for establishing sexual relation with a female aged 30 years and belonging to Scheduled Caste community, under the false promise of marriage, has come up before this Court seeking regular bail on the ground that he is innocent.

2. Earlier, the petitioner had filed a petition under Section 439 CrPC before the concerned Special Judge. However, vide order dated 12.1.2021, Learned Special Judge, Sirmaur at Nahan, HP, dismissed the petition.

3. In Para 8 of the bail application, the petitioner declares having no criminal history. The status report also does not mention any criminal past of the accused.

4. Briefly, the allegations against the petitioner, which led to the registration of the FIR, mentioned above, are that on 7.11.2020, the Police official received a written complaint from the victim. She complained that accused Dinesh Kumar stayed with her for four years under the promise of marriage and continued to have sexual relations during this entire period on uncountable numbers. After that he also promised the victim to solemnize Court Marriage in the year 2021, however, discreetly engaged with some oth

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