IRFAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Irfan, who is behind bars since 28.12.2019, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, for grant of regular bail in connection with FIR No. 45/19 dated 28.12.2019 under Sections 363, 366 and 376 of IPC and Section 4 of POCSO Act, registered at P.S. Sangla, District Kinnaur, H.P.

(2.) In terms of order dated 2.1.2020, ASI Sohan Lal, has come present alongwith records. Mr. Kunal Thakur, learned Deputy 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 28.12.2019, complainant Chandan Singh lodged a complaint at PS Sangla, District Kinnaru, H.P., alleging therein that his two minor daughters have gone missing and he has suspicion that some unknown persons have made them to elope with them and as such, appropriate action in accordance with law against them be taken. He also disclosed to the police that while he alongwith other family members was at Sangla in search of his minor daughters, his wife received telephonic call, whereupon his daughter (victim-prosecutrix) disclosed that at present, they are with their cousin Prem Kumar and shall return home shortly. Sine despite there being aforesaid telephonic call, minor daughters of the complainant did not reach their house, FIR referred herein above, came to be lodged against the present petitioner. On 27.12.2019, police after having seen recording of CCTV camera installed at Sangla Bazar, recovered the victim-prosecutrix and present bail petitioner, who at that relevant time were going towards Karcham/Tapri. Both the bail petitioner and victim-prosecutrix during their investigation revealed that on the intervening night of the 27/28.12.2019, they slept in the cabin of truck bearing HP 69A2528. Police after recording the statement of victim prosecutrix under Section 161 Cr.PC also got recorded the statement of her under Section 164 Cr.PC before the Judicial Magistrate Kinnaur at Recongpeo, wherein she stated that she of her own volition joined the company of the bail petitioner, to whom she knew for quite considerable time. She also stated before CJM that nothing wrong has been done by the bail petitioner against her wishes. In the aforesaid background, FIR referred herein above came to be lodged against the present bail petitioner on 28.12.2019 and since then he is behind bars.