PARVEEN CHAUHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking the regular bail. It has been asserted that the petitioner was arrested by the Women Police Station, Baddi for the commission of offences punishable under Sec. 376 of IPC and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) vide FIR no.27 of 2023 dtd. 1/8/2023. The petitioner is innocent and he was falsely implicated. No recovery is to be effected from the petitioner and no useful purpose would be served by detaining him in the custody. The petitioner would abide by all the terms and conditions, which may be imposed by the Court; hence, the petition.

(2.) The petition was opposed by filing a Status Report asserting that the victim complained to her grandmother on 1/8/2023 regarding the pain in her stomach. She was taken to the Medical Officer, who disclosed that the victim was pregnant. The matter was reported to the police. The victim disclosed that she had resided with the petitioner for about five to six months from February 2023 till 28/7/2023 and the petitioner had repeatedly raped her. The petitioner was arrested. The petitioner and her mother declined to undergo the test related to the pregnancy. The challan has been prepared and presented before the Court on 25/9/2023. The petitioner had filed a bail petition, which was dismissed by learned Additional Sessions Judge-I, District Solan, H.P.

(3.) I have heard Mr. Pranshul Sharma, learned counsel for the petitioner and Mr. Prashant Sen, learned Deputy Advocate General for the respondent.