- विज्ञापन -
Shimla, June 3: The High Court of Himachal Pradesh has granted bail to resident of Telangana, who was arrested in a case registered in Dharamshala for alleged sexual assault. The complaint was lodged by a 31-year-old woman who stated that the accused befriended her through a dating application, Bumble and later allegedly took advantage of her on the pretext of marriage.
According to the FIR, the woman, who is working in a private company in Bengaluru, had travelled solo to Dharamshala in February this year. She mentioned that she met the accused through the Bumble App, and he later invited her to his Airbnb accommodation. There, she alleged, he served her alcohol and established physical relations under the false assurance of marriage.
As per the complaint, the accused forced her to drink and then made sexual advances. When she resisted, he allegedly promised to marry her. After the act, the complainant later found out that he was already married. In her statement to the police, the complainant also said that the accused had recorded their private moments.
Justice Virender Singh said that the accused cannot be kept in judicial custody for an indefinite period, as pre-trial punishment is prohibited under the law.
“Keeping in view the specific stand taken by the applicant, qua her acquaintance on Bumble App and thereafter, coming to Dharamshala and staying with the applicant, cannot be ignored while deciding the question of bail. The Police is not able to make out a case for custodial interrogation,” the Court said in the order passed on May 23.
In the bail order, the Court said that the complainant had taken a month to lodge a complaint. It added that this fact cannot be ignored at the time of deciding the bail plea. It further noted that they had met through Bumble, a dating app.
The Court also observed that it would be proved during trial whether the physical relationship was consensual or the consent of the complainant was obtained under the pretext of marriage.
“However, this fact, cannot be ignored that the prosecutrix travelled from Telangana to Dharamshala, as a solo traveller and stayed with a person, whom, according to her, she had not met earlier except remaining in contact with each other at Bumble App,” it added.
Considering all these facts, the Court proceeded to grant bail to the accused.
