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Himachal Pradesh High Court · body

2010 DIGILAW 1022 (HP)

Tejvir Singh Alias Nitu v. State Of H. P.

2010-08-06

KULDIP SINGH

body2010
JUDGMENT : Kuldip Singh, J. This is an application, u/s 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 135 of 2010 registered on 22.6.2010, u/s 376 IPC at Police Station, Sadar Solan. The status report has been filed. Heard and perused the record. 2. It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in the case. The prosecutrix is about 35 years old married woman. The complaint has been lodged by the prosecutrix under the pressure of her husband who used to doubt the character of prosecutrix and is in inimical to the petitioner, who is religious, God fearing and respectable person and has no connection with the alleged offence. The complaint has been lodged in order to tarnish the image of the petitioner amongst his followers, who is healing the people through spiritual means. The petitioner had earlier filed application u/s 438 Cr.P.C., but the application was rejected by the learned Fast Track Court, Solan on 12.7.2010. The petitioner is innocent, he has committed no offence and he is ready to join the investigation and furnish bail bonds. The custodial investigation of the petitioner is not required. The petitioner is apprehending his arrest. 3. The bail application has been opposed by the learned Addl. Advocate General. It has been submitted that prosecutrix had been suffering from some ailments and she remained under treatment at P.G.I., Chandigarh but without any improvement. She learnt about the petitioner, who is tantrik. The prosecutrix approached the petitioner on 22.6.2010 for her treatment spiritually. The petitioner took her separately and asked her to sit on a stone by closing eyes and started his treatment spiritually. He all of a sudden laid her on the ground and committed forcible sexual intercourse with her without her consent by telling that bad things are to be removed from the body like this only. She disclosed this to her husband, who was waiting for her outside the cremation ground. Thereafter the prosecutrix lodged the report. 4. The petitioner after committing the offence fled away from the spot and has gone underground. The petitioner is doing tantrik work in Ashwani Khad and on the pretext of tantrik treatment, he has been making fool of many women and girls and is collecting money. He traps innocent women and sexually assaults them. The illegal act of petitioner was disclosed by the prosecutrix. The petitioner is doing tantrik work in Ashwani Khad and on the pretext of tantrik treatment, he has been making fool of many women and girls and is collecting money. He traps innocent women and sexually assaults them. The illegal act of petitioner was disclosed by the prosecutrix. The other women out of shame did not disclose illegal acts of the petitioner. The learned Addl. Advocate general has prayed for dismissal of the application. 5. I have considered the rival contentions of the learned Counsel for the parties. There are serious allegations against the petitioner of trapping innocent women on the pretext of tantrik treatment and sexually assaulting such women. The prosecutrix is one of such victims. The petitioner earlier had filed bail application u/s 438 Cr.P.C., which was rejected by the learned Fast Track Court, Solan. In the facts and circumstances of the case and keeping in view the serious allegations against the petitioner, he is not entitled to bail u/s 438 Cr.P.C. Accordingly, the application is dismissed.