RAJAT Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-2020-1-68
HIGH COURT OF HIMACHAL PRADESH
Decided on January 30,2020

Rajat Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents




JUDGEMENT

JYOTSNA REWAL DUA,J. - (1.)By means of present petition filed under Section 439 of the Code of Criminal Procedure, the petitioner is seeking regular bail in F.I.R. No.239/2019, dated 05.08.2019, under Sections 376, 366-A and 363 of Indian Penal Code, registered at Police Station, Poanta Sahib, District Sirmour (H.P.).
(2.)The police has filed the status report today, which is taken on record. I have heard learned counsel for the parties and gone through the status report as well as relevant police record for the purpose of adjudication of present petition.
(3.)The prosecution case is that a complaint was lodged by the prosecutrix to the effect that:- the prosecutrix had visited the house of her elder sister who is married and residing at Village Chaubara, Tehsil Behat, District Sarahanpur (U.P.); she met the bail petitioner there about 7-8 months ago; bail petitioner had taken her mobile number and thereafter remained in touch with her; they met each-other at Poanta Sahib and also at various other places; sexual relations developed between them. The main allegation of the prosecutrix is that she had consented to the physical relations with the bail petitioner on account of promise of marriage extended by him, but, later on the bail petitioner declined to marry her. On these allegations, the FIR in question was registered against the bail petitioner at the behest of the prosecutrix.
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