RAJINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant bail petition filed under Section 439 CrPC, prayer has been made for grant of bail in case FIR No. 23/17 dated 14.6.2017 under Sections 354-A and 342 IPC and Section 10 of Protection of Children from Sexual Offences Act, registered at Police Station, Keylong.

(2.) Sequel to order dated 30.10.2017, ASI Ranjeet Singh, has come present with the record. Mr. P.M. Negi, learned Additional Advocate General has also placed on record status report, prepared on the basis of investigation carried out by the investigating agency till date. Record perused and returned.

(3.) Record/Status report reveals that aforesaid FIR came to be registered against bail petitioner at the behest of one Rakesh Chandel, who at the relevant time, was Head Master of Government Senior Secondary School, Jahlma, alleging therein that he received one complaint from the mother of the prosecutrix that bail petitioner, who at the relevant time was Security Trainer in the School, made an attempt to outrage modesty of her daughter. Aforesaid Headmaster referred complaint to the Sexual Harassment Committee, which in its report conformed and acknowledged the allegations made by the victim/prosecutrix. Record further discloses that bail petitioner taking advantage of innocence of the prosecutrix /victim made an attempt to outrage her modesty, which factum was subsequently disclosed by the prosecutrix to her friends, who at the relevant time were waiting for her outside the lab. It also emerges from the record that subsequently, aforesaid incident came to be reported by the friends of the victim to the other teachers of the school. After registration of FIR, bail petitioner is in custody since 14.6.2017 i.e. for the last five months.