PARAS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Paras, who is behind bars since 21.5.2019, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, for grant of regular bail in connection with FIR No. 49/19, dated 21.5.2019, under Sections 376 and 452 of IPC and Section 4 of POCSO Act, registered at P.S. Chirgaon, District Shimla, H.P.

(2.) In terms of order dated 22/30.10.2019, ASI Achhar Singh, has come present alongwith records. Mr. Sudhir Bhatnagar, learned Additional Advocate General, has also made available report of SFSL, Junga, in terms of order dated 30.10.2019. Record perused and returned.

(3.) Record/status report made available to this Court reveals that on 21.5.2019, complainant Dinesh Kumar got his statement recorded Whether the reporters of the local papers may be allowed to see the judgment?under Section 154 CrPC at PS Chirgaon, Distict Shimla, H.P., alleging therein that his three daughters live at Sandasu with his mother in law. He alleged that on 20.5.2019, his minor daughter-victim-prosecutrix (name withheld), who is 13 years old, came to village Pali, with a view to meet him at 5:00pm. He stated that he had gone to house of Subhash for attending marriage party and came back at 8:00pm. He further stated that when he went to his room to sleep, his minor daughter (victim-prosecutrix) asked for phone as she wanted to speak to her mother. He stated that his minor daughter victim-prosecutrix went away with his phone and he then slept, but after some time, he woke up and did not find his minor daughter in her room. At 12:30 am, when he opened room adjacent to his room, he found his daughter lying naked on bed with the bail petitioner. He stated that when he questioned the bail petitioner, he not only threatened him but also made an attempt to give him beatings.