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2018 Supreme(HP) 1283

SANDEEP SHARMA
Kashir Ahmed – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Dinesh Thakur, Nareshwar Singh Chandel, Vikrant Chandel, Advocates for the appearing parties.

JUDGMENT

Sandeep Sharma, J —Bail petitioner namely Kashir Ahmad, who is behind the bars since 03.09.2016, has approached this Court in the instant proceedings, filed under Section 439 Cr. P.C., praying therein for grant of regular bail in connection with FIR No. 187/16, dated 23.7.2016, under Sections 363, 366, 376 IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act) , registered at Police Station Sunder Nagar, District Mandi, Himachal Pradesh.

2. Sequel to order dated 20th April, 2018, S.I. Vinod Kumar has come present with record. Mr. Vikrant Chandel, learned Deputy Advocate General has also placed on record status report, prepared on the basis of investigation carried out by the investigating Agency. Record perused and returned.

3. Perusal of record/status report reveals that complainant Yakub Mohmmad made a complaint to the police on 23rd July, 2016 that her minor daughter (hereinafter referred to as victim-prosecutrix) , who was studying in class plus two at Klam Azad Public School Deenak, has been kidnapped by the bail petitioner. Complainant also alleged in the complaint that bail petitioner enticed his minor daught

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