SHIV RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under Section 439 of Cr.PC, prayer has been made on behalf of the bail petitioner namely Shiv Ram for grant of regular bail in case FIR No. 170/18 dated 17.7.2018, under Sections 342, 376 and 506 of IPC and Section 4 of POCSO Act, registered at P.S. Barmana, District Bilaspr, H.P.

(2.) In terms of order dated 4.6.2020, ASI Raj Kumar, has come present alongwith records. Mr. Arvind Sharma, learned Additional Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Record/Status report made available to this Court reveals that on 17.7.2018, complainant namely Sant Ram lodged a complaint at PS Barmana, District Bilaspur, H.P. alleging therein that his minor daughter victim-prosecutrix (name withheld) has been repeatedly sexually assaulted by the bail petitioner and as such, appropriate action in accordance with law be taken against him. Complainant alleged that on 6.7.2018, his minor daughter had got the case under Section 376 IPC registered against a person namely Vikas Kumar at Women Police Station Bilaspur. He alleged that on 6.7.2018, his minor daughter revealed him that when she was studying in class-9, bail petitioner, who is uncle in her relations, repeatedly called her to his tea shop and thereafter, sexually assaulted her. He alleged that on 4.7.2018, bail petitioner called his minor daughter and thereafter, sexually assaulted her. He further alleged that on 5.7.2020, she was sent to her native place from village Malokhar, District Bilaspur, in a three wheeler, but the driver of three wheeler dropped her at Khalsi, from where person namely Vikas took her to Bilaspur and allegedly sexually assaulted her. On the basis of aforesaid complaint, police lodged FIR as detailed herein above against the petitioner on 17.7.2018 and since 18.7.2018, he is behind bars. Record further reveals that separate FIR bearing No. 12/2018 dated 6.7.2018, under Sections 363, 376 and 506 and Section 4 of POCSO Act, came to be registered against person namely Vikas at Women Police Station Bilaspur, but he stands enlarged on bail vide order dated 1.8.2019, passed by the learned Sessions Judge, Bilaspur.