RAMESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Ramesh Kumar, who is behind bars since 18/8/2021, has approached this court in the instant proceedings filed under S.439 CrPC for grant of regular bail in case FIR No. 16/2021 dtd. 25/6/2021, registered at Women Police Station Bilaspur under Ss. 363, 376 and 506 IPC and S.4 of the Protection of Children from Sexual Offences Act.

(2.) Respondent State has filed status report in terms of order dtd. 9/9/2021. SI Jyoti has come present with record. Record perused and returned.

(3.) Careful perusal of status report and record reveals that on 25/6/2021, victim-prosecutrix aged 14 years (name withheld) lodged a complaint at Women Police Station Bilaspur alleging therein that the person namely Sunil Kumar co-accused had been talking to her since January, 2021 on mobile phone. She alleged that in March, 2021, she alongwith her elder sister had gone to Dehar in connection with some work, where she received telephonic call of person, namely Sunil, co- accused, who told her that his brother i.e. present bail petitioner would come to Dehar to take her along, whereafter she alongwith her sister went to Slapper in the vehicle of younger brother of co-accused Sunil Kumar. She alleged that co-accused Sunil Kumar took her inside the truck and thereafter, sexually assaulted her against her wishes. She alleged that while she was being subjected to sexual intercourse by co-accused Sunil Kumar, brother of the co-accused i.e. present bail petitioner, and hersister were standing outside. In the aforesaid background, FIR detailed above came to be lodged against the present bail petitioner and co-accused Sunil Kumar and since then both of them are behind the bars.