ROHIT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Rohit Kumar, who is behind bars since 5/4/2018, has approached this Court in the instant proceedings filed under Sec. 439 of Cr.PC, praying therein for grant of regular bail in connection with FIR No. 23/18 dtd. 3/4/2018, under Ss. 363, 366 and 376 of IPC and Sec. 4 of POCSO Act, registered at PS Darlaghat, District Solan, HP.

(2.) Sequel to order dtd. 11/10/2018, passed by this Court, SHO Moti Singh, P.S. Darlaghat, District Solan, HP, has come present in Court alongwith record of the case. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on Whether the reporters of the local papers may be allowed to see the judgment the basis of the investigation carried out by the investigating agency. Record perused and returned.

(3.) Close scrutiny of the record/status report reveals that FIR referred herein above came to be lodged at the behest of the complainant namely Bagwan Singh, who alleged that his minor daughter has been kidnapped by the bail petitioner on 1/4/2018. On the basis of complaint having been made by the aforesaid complainant, police carried out investigation and registered case against the bail petitioner under Sec. 363 of IPC. On 4/1/2018, police recovered victim-prosecutrix from the house of maternal uncle of the petitioner at village Shaamlii/Sabtu, U.P. Police, after having recorded statement of the victim-prosecutrix, subsequently added Ss. 366 and 376 of IPC and Sec. 4 of POCSO Act, against the present bail petitioner and since 5/4/2018, bail petitioner is behind bars.