LAWS(HPH)-2021-4-12

RAM KALA CHAUHAN Vs. STATE OF HIMACHAL PRADESH

Decided On April 07, 2021
Ram Kala Chauhan Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of present bail petition filed under Section 439 Cr.PC, prayer has been made on behalf of the bail petitioner, for grant of regular bail in case FIR No. 11/2021 dated 9.2.2021, under Sections 354-A, 504, 506, 509 & 201 of IPC, Section 75 of JJ Act and Section 12 of POCSO Act, registered at Women Police Station Solan, District Solan, Himachal Pradesh. Respondent State has filed the Status report in terms of order dated 24.3.2021. Smt. Sunita Verma, Ins/SHO Women Police station Solan, District Solan H.P., is also present with records. Records perused and returned.

(2.) Record/Status report reveals that police on 9.2.2021, victimprosecutrix lodged a complaint at WPS Solan, alleging therein that her father behaves indecently and on one occasion, had also shown his private parts to her. Complainant alleged that her father maltreats her as well as her mother and brother. She alleged that her father repeatedly picks up quarrel with her mother on the ground that her younger brother is not his son, rather has born from the lions of some other person. In the aforesaid background, FIR detailed herein above came to be lodged against the present bail petitioner and since then, he is behind bars. Challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioner and as such, petitioner has approached this Court in the instant proceedings for grant of regular bail.

(3.) Mr. Arvind Sharma, learned Additional Advocate General while fairly admitting factum with regard to filing of challan in the competent court of law contends that keeping in view the gravity of offence alleged to have been committed by the bail petitioner, he does not deserve any leniency and as such, prayer made on his behalf for grant of bail deserves to be rejected outrightly.