VEER BHADUR Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-2021-3-57
HIGH COURT OF HIMACHAL PRADESH
Decided on March 24,2021

Veer Bhadur Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

Sandeep Sharma,J. - (1.) Bail petitioner namely, Veer Bhadur @ Vishal, who is behind the bars since 30.3.2019, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No. 36 of 2019, dated 30.3.2019, under Sections 363, 366-A, 376, 342 of IPC and Section 4 of the POCSO Act, registered at police Station, Rohru District Shimla, Himachal Pradesh.
(2.) Sequel to order dated 3.3.2021, ASI Ram Swaroop, has come present alongwith the record. Mr Kunal Thakur, learned Deputy 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.) Careful perusal of status report/record made available to this Court reveals that on 30.3.2019, victim/ prosecutrix, aged 15 years (name withheld to protect her identity), got her statement recorded under Section 154 Cr.P.C at police Station, Rohru, District Shimla, Himachal Pradesh, alleging therein that on 22.2.2019, at about 4-5 PM, present bail petitioner came to her Dera and asked her to accompanying him to his Uncle's house. She alleged that till, Mahendali bail petitioner took her on foot, whereafter they both went to Jubbal in a car. Victim/prosecutrix alleged that the bail petitioner took her to a room, where already three Nepalis were present. She alleged that during night bail petitioner sexually assaulted her against her wishes. Though, on the next day victim/prosecutrix asked the bail petitioner to go out, but he refused and again sexually assaulted her against her wishes. She alleged that next day, her parents came to the room of the bail petitioner alongwith the police and they both were taken to police Station, Rohru on 24.2.2019. Since, victim/prosecutrix did not level any allegation of sexual harassment against the present bail petitioner and refused to undergo medical examination, no FIR came to be registered on 24.2.2019. After 36 days of alleged incident i.e. on 30th March, 2019, victim/ prosecutrix got her statement recorded under Section 154 Cr.P.C., alleging therein that bail petitioner sexually assaulted her against her wishes on two occasions. On the basis of the aforesaid statement, FIR, as detailed hereinabove, came to be lodged against the present bail petitioner and since then he is behind the bars. Challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioner. Since medical evidence adduced on record has not indicated towards complicity of the bail petitioner in the alleged offence, he has approached this Court in the instant proceedings under changed circumstances.;


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