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2018 Supreme(HP) 1686

SANDEEP SHARMA
Nikku Ram – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Ajay Shandil & Abhishek Negi, Advocates, for the Appellant; Mr. S.C. Sharma, Mr. Dinesh Thakur and Mr. Sanjeev Sood, Additional Advocate Generals with Mr. Amit Dhumal, Deputy Advocate General, for the Respondent

JUDGMENT

Sandeep Sharma, J. (Oral) - Bail petitioner namely Nikku Ram, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, praying therein for grant of regular bail in connection with FIR No. 80/2018 dated 7.5.2018, under Sections 452, 354-A & 376 of IPC and Section 4 of POCSO Act, registered at PS Dhalli, District Shimla, HP.

2. Sequel to order dated 21.12.2018, passed by this Court, H.C. Vijay Kumar, I/o PP Mashobra, P.S. Dhalli, Shimla, HP, has come present in Court alongwith record of the case. 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. Close scrutiny of the record/status report reveals that on 7.5.2018, victim-prosecutrix got her statement recorded under Section 154 Cr.PC., at PS Dhalli, alleging therein that on 4.5.2018, bail petitioner, with wrong intentions, unauthorisedly entered her quarter at Mashobra and thereafter, ravished her. Complainant-prosecutrix alleged that on the date of alleged incident, her father had gone to "HIPA" for night duty, whereas her mother had gone

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