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2022 Supreme(HP) 3

SANDEEP SHARMA
DHARAM PAL, S/O KARTAR SINGH – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates appeared:
For the Appellant :PRASHANT SHARMA, AJIT SHARMA, ADVOCATES
For the Respondent:

ORDER

Bail petitioner namely Dharampal, who is behind bars since 13.12.2021, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, for grant of regular bail in case FIR No. 115 of 2021 dated 5.11.2021, under Sections 363 & 376 of IPC and Section 4 of POCSO Act, registered at PS Hatli, District Mandi, H.P. Respondent State has filed the status report in terms of order dated 4.2.2022. ASI Brij Lal, I/o P.S. Hatli, District Mandi, H.P has also come present with records. Records perused and returned.

2. Perusal of status report/record reveals that on 5.11.2021, complainant Rakesh Kumar, who happens to be father of the victimprosecutrix (name withheld), lodged aforesaid FIR, alleging therein that his minor daughter aged 16 ½ years i.e. victim-prosecutrix has gone missing and as such, efforts be made to locate her. On the basis of aforesaid information, police started investigation and found that bail petitioner had been calling on the mobile number of mother of the victim-prosecutrix. During investigation, police found that bail petitioner had given a telephonic call to a taxi driver namely Satish Kumar alias Kalu Ram, who thereafter took bail petitioner a

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