SHAMBHU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has prayed for grant of bail in case FIR No. 04 of 2023, dtd. 16/1/2023, registered under Sec. 376 IPC and Sec. 6 of the Protection of Children from Sexual Offences Act (for short, 'POCSO' Act), registered at Police Station, Pachhad, District Sirmaur, H.P.

(2.) On 16/1/2023 the above noted case was registered on the complaint of minor victim, when she was medically examined and found to have conceived. The minor victim initially alleged that she had been sexually assaulted by the petitioner under the pretext of marrying her. As per the child victim, the petitioner had been indulging in sexual activity with her for the last about two years. The case was registered and during investigation, the child victim further disclosed the names of few more persons including the petitioner, who had allegedly indulged with her in sexual activities at different times. The petitioner was arrested on 23/1/2023.

(3.) As per petitioner, he is innocent and has been falsely implicated in the case. He has no criminal antecedents and has never remained involved in any criminal activity. Petitioner is permanent resident of Village Kakriya Bharamputra, P.O. Meroua, Tehsil Mujaffarpur, District Bihar, presently residing at A-103, Road No.4, Mahipalpur Extension, South West, Delhi and there is no likelihood of his fleeing from the course of justice.