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2021 Supreme(HP) 218

VIVEK SINGH THAKUR
Lekh Ram @ Suneel Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Peeyush Verma.
For the Respondent: Mr. Gaurav Sharma.

JUDGMENT :

VIVEK SINGH THAKUR, J.

1. Petitioner has approached this Court seeking bail in case FIR No. 210 of 2018 dated 08.09.2018 registered in Police Station Sundernagar, under Sections 363 and 376 IPC and Section 4 of Prevention of Children from Sexual Offences Act (in short ‘POCSO Act’).

2. Status report stands filed. Besides, petitioner has also filed copies of statements of prosecutrix and her mother recorded during the trial.

3. Main grounds seeking bail are that there is delay of six months in lodging the FIR and also that after alleged commission of offence by petitioner, victim had attended the marriage of sister of petitioner as well as petitioner, about 2-3 months after the alleged date of offence and before 2-3 months of lodging of FIR, but, at that time also, she did not make any complaint on that day also and after or before that and in her examination-in-chief in the trial Court, victim has stated that at about 9 PM petitioner had taken her in his car from Nalwar fair towards Mahamaya temple and violated her forcibly in the car, whereas, in cross-examination, she has stated that she remained in Mela ground on that day from 7 PM to 9.30 PM and thereafter, she had stayed

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