RAJNISH SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail petition has been filed under Sec. 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail, arising out of FIR No.07/2024 dtd. 24/1/2024, registered at Police Station, Bangana, District Una, Himachal Pradesh, for an offence punishable under Ss. 366A, 376 of the Indian Penal Code, 1860 and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

(2.) Heard counsel for the parties and perused the status report.

(3.) The brief facts giving rise to the present case are that on 24/1/2024, the father of the victim, in the case at hand, had lodged a report stating that his minor daughter (Date of Birth 18/6/2006), aged about 17 years 05 months (victim) had gone missing. The victim's father (complainant) suspected the present bail petitioner of having abducted his daughter. During investigation, the victim was traced and recovered on 9/2/2024 from a rented room in Village Kudi, District Bilaspur. She was found living with the bail petitioner on the aforesaid location. Her statement under Sec. 161 of the Code of Criminal Procedure was recorded on 9/2/2024. On 12/2/2024, statement of the victim under Sec. 164 of the Code of Criminal Procedure had been recorded. In the said statement, the victim had deposed regarding the occurrence of the incident. Based upon such statement of the victim, Sec. 376 of the Indian Penal Code read with Sec. 4 of the POCSO Act were added.