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RANJAN SHARMA
Makhan Din – Appellant
Versus
State of Himachal Pradesh – Respondent


Counsel for the Parties:
For the Petitioner:Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh and Mr. Karan Veer Singh, Advocates
For the Respondent:Mr. Prashant Sen, Deputy Advocate General, ASI Sanjay Kumar, I.O., Police Station [Sadar], Chamba, District Chamba, present in person with records.

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

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