Sandeep Sharma, J. - (1.) By way of instant bail petition filed under Section 439 Code of Criminal Procedure, a prayer has been made for grant of bail in case FIR No. 164/17 dated 7.11.2017, under Section 376 (D) IPC registered at Police Station, Dhalli, District Shimla, Himachal Pradesh.
(2.) Sequel to order dated 14.11.2017, ASI Santosh Raj, has come present in Court alongwith the record of the case. Mr. M.L. Chauhan, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.
(3.) Facts, as emerge from the record as well as status report reveals that FIR mentioned above came to be registered against the bail petitioners at the behest of complainant namely Seema Devi alias Riya, who alleged that on 6th November, 2017, she went with bail petitioner namely Lokesh, who works in a Gymnasium, in his car for a ride. As per complainant, above named bail petitioner later on disclosed her that his another friend namely Yaman is also with him and he shall be joined by another friend of him after some time. Subsequently, complainant along with bail petitioner namely Lokesh went to place called "Bhattakufar" to bring above named friend of bail petitioner. Since, friend of bail petitioner namely Yaman had not come, complainant also insisted that she needs to go back to her room. Complainant, who was thirsty, was provided juice by bail petitioner but complainant after having consumed the same felt sleepy and as such, she doesn't know what happened thereafter. Complainant further alleged that when she became conscious, she found herself in a room, where she was made to consume liquor by above named bail petitioners and thereafter, bail petitioners forcibly sexually assaulted her against her wishes. Complainant was subsequently rescued by the persons residing in a room next to the room where she was allegedly rapped by the bail petitioners.;