ASHOK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Ashok Kumar, who is behind bars since 3.6.2018, 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. 151/18 dated 31.5.2018, under Sec. 376 of Penal Code & Sections 6 and 10 of POCSO Act, registered at P.S. Sadar, Solan, District Solan, H.P.

(2.) Mr. Sunny Dhatwalia, learned Assistant Advocate General, states that status report prepared on the basis of the investigation carried out by the investigating agency is already on record and as such, he does not intend to file fresh status report.

(3.) Close scrutiny of the record/status report reveals that on 31.5.2018, complainant Sunita, who happened to be wife of the present petitioner, got her statement recorded under Sec. 154 Cr.PC alleging therein that the bail petitioner under the influence of liquor tried to outrage modesty of her minor daughter (hereinafter referred to as the victim-prosecutrix). She alleged that on 30.5.2018, victim-prosecutrix disclosed her that bail petitioner behaved indecently and repeatedly touched her private body parts. On the basis of complaint having been made by the complainant Sunita, FIR detailed herein above came to be alleged against the bail petitioner on 31.5.2018 and since then, he is behind the bars.