BHAG SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dtd. 1/4/2023, whereby petitioner was ordered to be enlarged on bail in the event of arrest in case FIR No. 2 of 2023, dtd. 23/3/3023 under S.376 IPC and S.6 of Protection of Children from Sexual Offences Act registered at Police Station BSL Colony, Sundernagar, District Mandi, Himachal Pradesh, respondent-State has filed status report and ASI Anil Kumar, Police Station BSL Colony, has come present with record.

(2.) Close scrutiny of record/status report reveals that police after having received information from HWC Dol Dhar that one minor girl, who is pregnant, has been brought for check up, reached aforesaid Hospital and recorded statement of complainant, alleged in her statement that, while studying in Government Senior Secondary School Fangwas in 2022, she came in contact with the bail petitioner. She alleged that on 6/4/2022, she alongwith bail petitioner had gone to Sundernagar Bazaar and she stayed with the bail petitioner in one room for a week. She alleged that for the last one and half years, they have been meeting each other frequently and during this period, they developed physical relations of their own will. She stated in the complaint that on 14/10/2022, she and bail petitioner had gone to their respective houses but after one month, she came to know that she is pregnant. In the aforesaid background, police lodged FIR detailed above. Apprehending arrest, petitioner approached this court in the instant proceedings for grant of interim bail and on 1/4/2023, he was ordered to be enlarged on interim bail subject to his joining investigation.

(3.) Mr. Rajan Kahol, learned Additional Advocate General on the instructions of Investigating Officer, fairly states that pursuant to order dtd. 1/4/2023, petitioner has joined the investigation. Learned Additional Advocate General further states that though as per information given to the police, both petitioner and victim-prosecutrix have solemnized marriage but keeping in view gravity of offence alleged to have been committed by the bail petitioner, he does not deserve leniency and his prayer for bail deserves outright rejection