JAGDISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has preferred present petition under section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') for grant of anticipatory bail in case FIR No. 160 of 2015, dated 1st Dec., 2015, registered under Sections 363, 376, 120B of the Indian Penal Code (hereinafter referred to as 'IPC') read with section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POSCO), at Police Station Karsog, District Mandi, Himachal Pradesh.

(2.) The prosecution case in brief is that one Rachhpal Singh along with his brother Vipan Kumar came to Churag on 25.11.2015 and with the help of the petitioner, had contacted the victim and on 27.11.2015, has facilitated Rachhpal to commit the offence by allowing him to stay in the house of her sister at Dhaun Kufri. Thereafter, the victim was taken away by Rachhpal and his brother from Sunni to Chamba, from where the victim was recovered after registration of F.I.R., on the basis of complaint filed by brother of the victim. At the time of recovery of victim from Chamba, Rachhpal and his brother Vipan, both were found residing in the house where the victim was kept.

(3.) For completion of facts, it is apt to record that at the initial stage, F.I.R. was registered under Sections 363 and 120B of the Penal Code only and at that time, the petitioner was enlarged on bail. However, during the course of investigation on 29.02018, it was found that offence under Sec. 376 of Penal Code read with Sec. 4 of the POSCO Act has also been committed. Thereafter, the main accused Rachhpal and his brother were arrested. Whereas, the petitioner Jagdish Kumar had approached the Court of Sessions for seeking anticipatory bail under Sec. 438 Crimial P.C. 1973 The said application was dismissed by the learned Special Judge, Mandi, District Mandi, H.P. on 29.09.2018, only on the ground that his custodial interrogation was imperative for fair investigation of the case at that stage. Therefore, on appreciating this Court, in present petition was enlarged on anticipatory bail.