DHARAM PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Dharampal, who is behind bars since 13/12/2021, has approached this Court in the instant proceedings filed under Sec. 439 of Cr.PC, for grant of regular bail in case FIR No. 115 of 2021 dtd. 5/11/2021, under Ss. 363 and 376 of IPC and Sec. 4 of POCSO Act, registered at PS Hatli, District Mandi, H.P. Respondent State has filed the status report in terms of order dtd. 4/2/2022. ASI Brij Lal, I/o P.S. Hatli, District Mandi, H.P has also come present with records. Records perused and returned.

(2.) Perusal of status report/record reveals that on 5/11/2021, complainant Rakesh Kumar, who happens to be father of the victim- prosecutrix (name withheld), lodged aforesaid FIR, alleging therein that his minor daughter aged 16 1/2 years i.e. victim-prosecutrix has gone missing and as such, efforts be made to locate her. On the basis of aforesaid information, police started investigation and found that bail petitioner had been calling on the mobile number of mother of the victim-prosecutrix. During investigation, police found that bail petitioner had given a telephonic call to a taxi driver namely Satish Kumar alias Kalu Ram, who thereafter took bail petitioner and victim-prosecutrix to Baddi in his vehicle, from where present bail petitioner took the victim-prosecutrix to Rohtak in some private vehicle. After ascertaining the location, police recovered the victim-prosecutrix from Rohtak and got her medically examined at CHC Baldwara. Medical Officer opined that there is nothing to suggest that sexual intercourse has not been conducted with the patient, however final opinion shall be given after the receipt of the report of RFSL.

(3.) Since Challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioner, he has approached this Court in the instant proceedings for grant of regular bail.