SHUSHIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present bail petition filed under Section 438 CrPC, prayer has been made for grant of anticipatory bail in respect of FIR No. 26/18 dated 10.5.2018 under Sections 354 B & D, 341, 506 and 34 IPC and Sections 8 and 11 of Protection of Children from Sexual Offences Act and Section 67 of IT Act, registered at Police Station, Khundion, District Kangra, Himachal Pradesh.

(2.) Sequel to order dated 28.5.2018, Yogesh Dutt Joshi, Dy.SP./ Investigating Officer has come present with the record. Mr. Dinesh Thakur, learned Additional Advocate General has also placed on record status report, prepared on the basis of investigation carried out by the investigating agency. Record perused and returned.

(3.) Close scrutiny of record/status report reveals that on 10.5.2018, complainant-prosecutrix lodged a complaint, alleging therein that on 26.2.2018, bail petitioner as well as co-accused namely Shami Kumar threatened to demolish cow-shed allegedly constructed on government land. Subsequently, on 28.2.2018, bail petitioner allegedly provided one new telephone to the complainant-prosecutrix and threatened her that in case she fails to talk to him, he will demolish the cowshed made by her father on the government land. Complainant also alleged that bail petitioner and co-accused Shami Kumar with a view to pressurize her for marriage, forcibly opened her Salwar and videographed her in a naked condition. Complainant also reported to the police that save and except video of her made against her wishes, bail petitioner as well as co-accused have not committed any offence. Allegedly video of complainant was later on put on Facebook by co-accused Shami Kumar and as such, FIR detailed herein above, came to be lodged against bail petitioner as well as co-accused Shami Kumar.