SUDHEER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under S.439 CrPC, prayer has been made on behalf of the petitioner for grant of regular bail in case FIR No. 50, dated 9.2.2019, under Ss. 363, 366A and 376 IPC and S.4 of the Protection of Children from Sexual Offences Act, registered at Police Station, Sadar, District Chamba, Himachal Pradesh.

(2.) Sequel to order dated 12.7.2019, ASI Amar Nath has come present with the record. Mr. Kunal Thakur, learned Deputy Advocate General has also placed on record status report prepared by the investigating agency on the basis of investigation carried out by it. Record perused and returned.

(3.) Before adverting to the factual matrix of the case, it may be noticed that on 12.7.2019, this court had directed learned Deputy Advocate General to verify whether the victimprosecutrix has resiled from her earlier statement, during her deposition made in the trial court. Mr. Kunal Thakur, learned Deputy Advocate General, on the instructions of the Investigating Officer, fairly stated that the victim-prosecutrix has resiled from her statements earlier given to the Police and the Magistrate under Ss. 161 and 164, respectively and she has nowhere supported the case of the prosecution.