Virender Singh, Judge. (Oral)

Applicant- has filed the

present bail application, under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita (hereinafter

referred to as ‘BNSS’), on the ground that he is

apprehending his arrest, in case FIR No. 3 of 2025, dated

15th January, 2025, registered under Sections 64(2)m,

69, 352 and 324 of the Bharatiya Nyaya Sanhita

(hereinafter referred to as ‘BNS’), with Police Station

Janjehali, Tehsil Thunag, District Mandi, H.P.

2. By way of the present applicant, the applicant

has sought the indulgence of this Court, to direct the

Investigating Officer/police of Police Station Janjehali, to

release him on bail, in the event of his arrest, in the

above-noted case.

3. The relief, as claimed in the application, has

been sought on the ground that the police is pressing

hard by calling him to the Police Station in connection

with the complaint, made by the complainant, in this

case.

4. According to the applicant, the said case has

falsely been registered against him and he has nothing to

do with the allegations, as levelled against him.

5. As per the applicant, he is being blackmailed

by the complainant, in this case.

6. The relief has also been sought on the ground

that he is a respectable person and having deep roots in

the society.

7. On the basis of the above facts, Mr. Ashok

Kumar Tyagi, learned counsel appearing for the

applicant, has given certain undertakings, for which, the

applicant is ready to abide by, in case, any direction is

issued to the police/Investigating Officer, under Section

482 of the BNSS.

8. On the basis of the above facts, the applicant

has prayed that the bail application may kindly be allowed.

9. On 16th January, 2025, after issuing notice to

the State, interim protection was granted to the applicant

and the matter was adjourned for today, for filing the

status report.

10. Today, the police has filed the status report,

disclosing therein, that on 15th January, 2025, the

prosecutrix produced a complaint before the police,

mentioning therein, that she has been raped by the

applicant.

10.1. According to the complainant, in the month of

January, 2023, the applicant came to her house during the

night hours. At that time, he was having some soft drink

with him. The husband of the prosecutrix was not present

there. Thereafter, the applicant offered her to take the said

soft drink, in which, according to the complainant, he had

mixed some intoxicated substance, due to which, the

prosecutrix came under the influence of intoxication and

the applicant had raped her. The applicant is also stated

to have recorded her obscene video.

10.2. It has been mentioned in the said complaint,

that thereafter, the applicant started threatening the

complainant to make the said video viral. She has alleged

that on the basis of the said video, the applicant used to

rape her.

10.3. According to the complainant, the applicant had

promised to marry and maintain her, but, now neither he

is marrying her, nor, paying any maintenance to her.

10.4. It has further been alleged in the complaint,

that on 10th January, 2025, the applicant again came to

her residence and a scuffle took place between them and

the applicant allegedly destroyed her phone.

10.5. On the basis of the said facts, the complainant

had prayed that action be taken against the applicant.

10.6. Upon this, the police registered the case under

Section 64 (2) m, 69, 352 and 324 (4) of the BNS, against

the applicant and the criminal machinery swung into

motion.

10.7. As per the status report, the complainant had

mentioned, in her complaint, that she was raped by the

applicant lastly in March, 2024, as such, she does not

want to get herself medico-legally examined. Later on, the

police added Section 351 (2) of the BNS and the

prosecutrix was taken to Civil Hospital, Janjehali, for her

medico-legal examination, where, she has refused to

undergo medico-legal examination.

10.8. It has been mentioned in the status report that

on 16th January, 2025, the statement of the prosecutrix

was got recorded, under Sec