PRATAP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is accused in case registered vide FIR No. 24 of 2022 dtd. 16/4/2022 at Police Station, Nirmand, District Kullu, H.P. under Ss. 363, 366A, 376 of IPC and Sec. 4 of the POCSO Act, 2012.

(2.) The case has been registered against the petitioner on the basis of written complaint dtd. 16/4/2022 filed by the complainant Sh. Nanak Chand alleging inter alia that his grand-daughter (victim) was not traceable since 11/4/2022 and as per the information with the family, she has been kidnapped by the petitioner. After registration of FIR, investigation was initiated. It was found that the date of birth of victim was 10/11/2005. She was recovered from the house of petitioner. Her initial statement under Sec. 161 Cr.P.C. was recorded. Subsequently, the statement of the victim under Sec. 164 Cr.P.C. was also recorded before the learned Judicial Magistrate First Class. Her medical examination was conducted. On 9/5/2022 the victim was subjected to ultra-sonography in which it was found that she was pregnant by six weeks. On completion of investigation, the challan has been presented before the learned Special Judge, Rampur on 26/5/2022. The age of the petitioner was verified as 21 years.

(3.) Petitioner has prayed for grant of bail, in the above noted case, under Sec. 439 of the Code of Criminal Procedure (for short 'Code') on the ground that he is innocent. He is permanent resident of village Thaddhar, P.O. Sargha, Tehsil Nirmand, District Kullu, H.P. and there is no likelihood of his fleeing from the course of justice. Petitioner has undertaken to abide by all the conditions as may be imposed.