IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 8^th DAY OF SEPTEMBER, 2022 BEFORE HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA CRIMINAL MISC. PETITION (MAIN) NO.1850 OF 2022 Between:-

VIKRAM SINGH S/O BODH RAJ, AGE 29 YEARS, R/O RAJOL, TEHSIL SHAHPUR, DISTRICT KANGRA, H.P.

PRESENTLY LODGED IN LALA LAJPAT RAI, DISTRICT AND OPEN AIR CORRECTIONAL HOME, DHARAMSHALA, DISTRICT KANGRA, H.P.

…PETITIONER (BY MR. RAVI KANT KAUSHAL AND MR. ADITYA KAUSHAL, ADVOCATES)

AND STATE OF HIMACHAL PRADESH THROUGH SECRETARY (HOME)

TO THE GOVERNMENT OF HIMACHAL PRADESH.

…RESPONDENT (BY MR. ARVIND SHARMA, ADDL. ADVOCATE GENERAL, MR.

GAURAV SHARMA AND MR. KAMAL KISHORE SHARMA, DY.

ADVOCATES GENERAL)

(ASI BHUPI RAM, P.S. GAGGAL, ALONGWITH RECORDS)

1 WHETHER APPROVED FOR REPORTING? Yes.

This petition coming on for orders this day, Hon’ble Mr. Justice Chander Bhusan Barowalia, passed the following :

O R D E R

The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No.42/2022 dated 7.5.2022, under Sections 354 (C), 376, 377, 506 and 201 of the Indian Penal Code and Section 3 (2) (V) of the SC & ST Act, registered at Police Station Gaggal, District Kangra, H.P.

1 Whether reporters of Local Papers may be allowed to see the judgment ? Yes.

2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present casPe. He is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee fromH justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

3. Police report stands filed. Aos per the prosecution story, on 7.5.2022, the prosecutrix recorded her statement, under Section 154 Cr. P.C at Women Police Station, Dharamshala, wherein she has stated that she is graduate in B. Com Honours. In the year 2021, she came in contact of the petitioner through facebook and after that they disclosed their mobile phone numbers to each other and started talking to each other. OnC his insistence, she went to meet him, as he has given assurance of solemnizing marriage with her, thereafter, he took her in a vehicle from Gaggal to Sarah road at a secluded place and forcibly committed physical relations with her in the vehicle, during these encounters, he has made her obscene videos, she has not aware about the same. In the month of October, 2021, the petitioner has solemnized marriage and after that she has stopped talking with him, but still he blackmailing her and shown her video clipping and threatened her that in case, she refused to meet him, then, he will make the video viral. On the allegations of the prosecutrix, FIR No. 42/2022 dated 7.5.2022, under Sections 354 (C), 376, 377, 506 and 201 of the Indian Penal Code and Section 3 (2) (V) of the SC & ST Act, registered at Police Station Gaggal, District Kangra, was registered against the petitioner. Lastly, it is prayed that the instant bail application may be dismissed, as the petitioner has committed a serious offence and in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the instant bail petition may be dismPissed.

4. I have heard the learned counsel for the petitioner, learned Additional Advocate General for the State and gone Hthrough the records, including the police report, carefully.

5. Learned counsel for the petitioner has argued that the petitioner is permanent resident of the polace and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has argued that no fruitful purpose will be served by keeping him behind the bars for an unlimited period, so the petitioner may be enlarged on bail by allowing the instant bail petition. In support of his arguments, he has relied upon the judgment passed by Hon’ble Apex Cou