SACHIN THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dated 2.7.2019, whereby petitioner was ordered to be enlarged on bail in the event of his arrest in case FIR No. 75, dated 30.6.2019 under S.354 IPC and S.8 of Protection of Children from Sexual Offences Act and Ss.3(1)(s) and 3(1)(w) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station, Nadaun, District Hamirpur, Himachal Pradesh, Smt. Renu Kumari, Dy.SP 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.

(2.) Mr. Kunal Thakur, learned Deputy Advocate General, on instructions of the Investigating Officer, fairly states that pursuant to order dated 2.7.2019, bail petitioner has joined the investigation and is fully cooperating. Mr. Thakur, contends that though investigation is still going on, nothing is required to be recovered from the bail petitioner at this stage, as such, he can be ordered to be enlarged on bail, subject to the condition that he would make himself available for investigation and trial, as and when required by the investigating agency.

(3.) Careful perusal of record/status report clearly reveals that on 30.6.2019, complainant-prosecutrix named herein above, got her statement recorded under S.154 CrPC, at Police Station, Nadaun, Hamirpur, alleging therein that on 11.2.2019, bail petitioner made an attempt to outrage her modestly. On the basis of aforesaid statement made by the victim-prosecutrix, a formal FIR, detailed hereinabove came to be lodged against the bail petitioner. Record further reveals that on the date of alleged incident i.e. 11.2.2019, cousin brothers of victim-prosecutrix allegedly gave beatings to bail petitioner, as a consequence of which, a case under Ss.341, 323, 504, 506, 324 read with S.34 IPC, came to be lodged at the same Police Station, at the behest of bail petitioner. In those proceedings, Police, after completion of investigation, presented Challan in the court of learned Additional Chief Judicial Magistrate, Nadaun.