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2019 Supreme(HP) 1691

ANOOP CHITKARA
Pranav Verma – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Peeyush Verma, Advocate
For the Respondent:Ashwani K. Sharma, Nand Lal Thakur, Additional Advocate Generals and Kuldeep Chand, Deputy Advocate General

JUDGMENT :

Anoop Chitkara, J.

1. The petitioner, who is under arrest, on being arraigned as an accused in F.I.R. number 139/2018 dated 25.11.2018, registered under Sections 376 of Indian the Penal Code, 1860 and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act'), in the file of Police Station, (East) Chhota Shimla, District Shimla, H.P., disclosing non-bailable offences, has come up before this Court under Section 439 of the Code of Criminal Procedure, seeking regular bail.

2. The status report stands filed. I have seen the status reports as well as the police file to the extent it was necessary for deciding the present petition, and the same stands returned to the police official.

FACTS:

3. The gist of the First Information Report and the investigation is as follows:

    (a) That the victim, born on 15.8.2001, was admitted to Kamla Nehru Hospital, Shimla and on 24.11.2018. The hospital authorities informed Police Station (East) Shimla that the said victim had given birth to a baby and the age of the mother is 17 years. Consequently, the aforesaid F.I.R. was registered.

(b) The police reached the hospital and after obtain

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