LAWS(HPH)-2021-11-64

HITESH SUBLAIK Vs. STATE OF HIMACHAL PRADESH

Decided On November 22, 2021
Hitesh Sublaik Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Notice. Mr. Ashwani Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent.

(2.) FIR No. 44/2019 was registered against the petitioner on 16/5/2019 at Police Station Kotkhai, District Shimla, H.P. under Sec. 376 of the Indian Penal Code and Ss. 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. By means of present petition preferred under Sec. 439 of the Code of Criminal Procedure, petitioner has prayed for an interim bail for a period of two weeks i.e. from 23/11/2021 to 7/12/2021.

(3.) It has been submitted in the petition that petitioner's nephew ("bhanja'), who is resident of village Bareon, Post Office Panog, Tehsil Kothkhai, District Shimla, H.P. is getting married. As per the wedding card appended with the petition, the marriage ceremonies are to be performed w.e.f. 26/11/2021 to 30/11/2021. It has been further submitted that being the maternal uncle ("mama') of the groom, the petitioner has to perform various ceremonies in the marriage.