Sandeep Sharma, J. - (1.) By way of instant bail petition filed under Section 439 of the Code of Criminal Procedure, prayer has been made for grant of regular bail in case FIR No.173 of 2016, dated 26.11.2016 under Sections 458, 376, 323, 506 of IPC, registered at police Station, Gohar, District Mandi, Himachal Pradesh.
(2.) Sequel to order dated 27.3.2018, ASI Narayan Lal, police Station, Gohar, District Mandi, has come present in Court alongwith the record of the case. Record perused and returned.
(3.) Mr. Vikrant Chandel, learned Deputy Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the investigating agency, perusal whereof, suggests that on 26.11.2016 complainant ( for short 'prosecutrix') lodged a complaint, alleging therein that on 24.11.2016, her husband had gone to attend some marriage. Allegedly, when prosecutrix at 10:00 PM was stitching clothes in her room, her three years old son and 13 years old niece were sleeping on the bed, bail petitioner, who reside in neighbourhood entered the room and bolted the same from inside. Allegedly, bail petitioner gagged the mouth of prosecutrix and thereafter sexually assaulted her. During aforesaid alleged incident, husband of the prosecutrix come back from the marriage and knocked the door. Bail petitioner after having heard the knock on the door, hided himself below the bed. Thereafter, allegedly bail petitioner while leaving the room of the prosecutrix not only extended threats to the prosecutrix and her husband, but also gave beatings to both of them. On the basis of aforesaid report, formal FIR, as detailed hereinabove, came to be lodged against the bail petitioner and he was taken into custody on 27.11.2016 and since then, he is behind the bars.;