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2018 Supreme(HP) 895

SANDEEP SHARMA
Sushil Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Nimish Gupta, Advocate.
For the Respondent: Mr. S.C.Sharma & Mr. Dinesh Thakur, Mr. Sanjeev Sood, Mr. Amit Kumar, Adv

JUDGMENT :

Sandeep Sharma, J.

Bail petitioner namely, Sushil Kumar, who is behind the bars since 7.2.2018, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No.37 of 2018, dated 5.2.2018, under Sections 363, 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, registered at police Station, Sadar District Mandi, Himachal Pradesh.

2. Sequel to orders dated 5th/11th October, 2018, SI Pawan Kumar, has come present alongwith the record. Mr. Dinesh Thakur, learned Additional Advocate General has also placed on record status report, prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

3. Record/status report reveals that FIR, detailed hereinabove, came to be lodged at the behest of mother of the prosecutrix, who alleged that her minor daughter, who at the time of alleged incident was 17 years and 11 months old, has been kidnapped by some unknown person. On the basis of aforesaid complaint having been filed by the complainant, police made certain inquires, but fact remains that on 6.2.2018 dau






























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