MOHAMMAD ALI Vs. STATE OF H. P.

JUDGEMENT

(1.) Bail petitioner Mohammad Ali, who is behind the bars since 3/10/2021 has approached this court in by way of present proceedings filed under S.439 CrPC for grant of regular bail in FIR No. 130, dtd. 3/10/2021, under S.354A IPC and S.8 of the Protection of Children from Sexual Offences Act, registered at Police Station Kihar, District Chamba, Himachal Pradesh.

(2.) Pursuant to order dtd. 15/11/2021, respondent-State has filed status report and I/O has come present with the record. Record perused and returned.

(3.) Having perused the status report and the record made available to this court, this court finds that on 2/10/2021, victim-prosecutrix aged 17 years, (name withheld) lodged a complaint at Police Station Kihar, alleging therein that on 2/10/2021, while she had gone to Dhalga, for grazing cattle, bail petitioner came on the spot and behaved indecently. She alleged that the bail petitioner teased her and thereafter tried to sexually assault her, against her wishes. She alleged that the bail petitioner tried to muffle her and also tried to bite on her cheeks. She alleged that after having heard her cries, her Tai (Aunt) came on the spot and thereafter, the bail petitioner fled from spot. In the aforesaid background FIR, as detailed herein above, came to be lodged against the bail petitioner on 2/10/2021, and since 3/10/2021, the bail petitioner is behind the bars. Since investigation is complete and nothing remains to be recovered from the bail petitioner, he has approached this court for grant of regular bail.