VYASO RAM 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 regular bail in case FIR No. 103/17 dated 26.9.2017 under Sections 354-A and 376C(3) IPC and Sections 6 and 10 of Protection of Children from Sexual Offences Act, registered at Police Station, Tissa, District Chamba, Himachal Pradesh.

(2.) Sequel to order dated 25.5.2018, ASI Subhash Kumar, has come present with the record. Mr. Dinesh Thakur, learned Additional Advocate General has also placed on record status report, prepared on the basis of investigation carried out by the investigating agency. Record perused and returned.

(3.) Facts as emerge from the record/status report are that on 26.9.2017, Chairperson, Child Welfare Committee, Chamba, District Chamba, Himachal Pradesh and District Child Protection Officer, Chamba, filed a complaint to the Superintendent of Police, Chamba, District Chamba, Himachal Pradesh, alleging therein sexual harassment of children/inmates staying in Child Care Institution, Tissa at Chilli District Chamba, Himachal Pradesh. Above noted complainants alleged that it has come to the notice of the Child Welfare Committee and District Child Protection Unit that there is apprehension of offences being committed by the staff members of Child Care Institution, Tissa at Chilli, upon the children, /inmates staying therein. On the basis of aforesaid complaint, police carried out investigation and FIR detailed herein above came to be lodged against the present bail petitioner and other accused namely Mahinder Kumar, Tek Chand and Jagdish Chand, who at the relevant time were rendering their services as Cook, Safai Karamchari and House Keeper, respectively. All the persons named herein above including bail petitioner are behind the bars since 27.9.2017.