RANJAN SHARMA
Makhan Din – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT
Ranjan Sharma, Judge Petitioner, Makhan Din has come up before this Court, seeking regular bail, under Section 439 of the Code of Criminal Procedure [hereinafter referred to as ‘Cr.P.C.’], originating from FIR No.260 of 2023, dated 22.08.2023, under Sections 363, 368, 376 and 120-B of the Indian Penal Code, and Sections 4 and 6 of the Protection of Children from Sexual Offences, 2012 [hereinafter referred to as ‘POCSO Act’], registered with Police Station [Sadar], District Chamba [H.P.].
Factual Matrix
2. The case set up by Mr. N.K. Thakur, Learned Senior Advocate assisted by Mr. Divya Raj Singh and
Mr. Karan Veer Singh, Advocates, is that a complaint was got registered at the behest of one Smt. Mir Bibi on 22.08.2023, leading to the registration of FIR No. 260 of 2023 in Police Station [Sadar], Chama, District Chamba [H.P.], alleging that the bail petitioner [Makhan Din] and Alam had kidnapped their daughter [X], aged 14 years, on 19.08.2023 during day time. It was alleged in the complaint that the complainant [Mir Bibi] came back to her home, for lunch, as she was employed in MNAREGA, she was told by her younger daughter that the bail petitioner [Makhan Din] and his brot
Gurbaksh Singh Sibbia vs. State of Punjab (1980) 2 SCC 565. (Para 7) – Relied
Ram Govind Upadhyay vs. Sudarshan Singh (2002) 3 SCC 598. (Para 7) – Relied
Kalyan Chandra Sarkar vs. Rajesh Ranjan
Prasanta Kumar Sarkar vs. Ashish Chatterjee
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