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2021 Supreme(HP) 466

SANDEEP SHARMA
Pinku Kumar – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates appeared:
Anirudh Sharma, Advocate, Sudhir Bhatnagar, Advocate, Arvind Sharma, Advocate, Kunal Thakur, Advocate

JUDGMENT

Sandeep Sharma, J. - Bail petitioner namely Pinku Kumar, who is behind the bars since 22.7.2020, has approached this court in the instant proceedings filed under S.439 CrPC, for grant of regular bail in case FIR No. 24, dated 21.7.2020 under Ss. 376(2)(L), 323 and 506 IPC, registered at Women Police Station Solan, District Solan, Himachal Pradesh.

2. In terms of orders dated 29.1.2021 and 3.3.2021, respondent-State has filed status report. HC Virender No.60 of Women Police Station, Solan has also come present alongwith record, perusal whereof suggests that on 21.7.2020, complainant/victim-prosecutrix, who is deaf and dumb, lodged a complaint at Women Police Station Solan, alleging therein that on 21.7.2020, at 10.00 am, bail petitioner, who happened to be her brother-in-law, sexually assaulted her against her wishes. She further alleged that since at the time of alleged incident, her husband was not at home as he had gone out for work, bail petitioner, taking undue advantage of her loneliness, sexually assaulted her against her wishes, as such, appropriate action in accordance with law, be taken against the bail petitioner/accused. On the basis of aforesaid complaint, FIR de

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