Shiv Kumar vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 74

SATYEN VAIDYA
Shiv Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocate Appeared:
For the Petitioner:Ms. Meera Devi and Ms. Jyoti Dogra, Advocates.
For the Respondent:Mr. Rajan Kahol and Mr. Rakesh Dhaulta, Additional Advocate Generals.

JUDGMENT :

Satyen Vaidya, J.

Petitioner has approached this Court for grant of pre-arrest bail in case FIR No. 06 of 2023, dated 07.02.2023, registered under Sections 354-A and 452 of IPC at Police Station, Mcleodganj, District Kangra, H.P. Petitioner was admitted to interim bail on 13.02.2023. He has joined the investigation thereafter.

2. It is alleged against the petitioner that he is working as Accountant in the office of the Divisional Forest Officer, Saluni, District Chamba, H.P. On 03.02.2023, he visited Dharamshala in relation with audit of the Data Entry Operators and was accompanied by the victim as also another female Data Entry Operator. They all stayed at Dharamshala on 03.02.2023 in a hotel. In the night, the victim had preferred to stay in her room, whereas others were enjoying the party. The victim was also forced to join the party, but being uncomfortable, she came back and slept in her room. She had bolted the room from inside. At about 2.30 a.m., she found that the petitioner was sleeping besides her on the same bed. He was holding the hands of the victim and tried to force his will on her. She could save herself with difficulty and the petitioner left the room thro

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