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2022 Supreme(HP) 132

SANDEEP SHARMA
AJAY KUMAR @ KALA, SON OF SH. MANOHAR LAL – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocate Appeared:
For the Appellant :MR. ANUP RATTAN, ADVOCATE.
For the Respondent:SUDHIR BHATNAGAR AND MR. ARVIND SHARMA, ADDITIONAL ADVOCATES GENERALS WITH MR. NARENDER THAKUR AND MR. GAURAV SHARMA, DEPUTY ADVOCATE GENERALS

ORDER :

Bail petitioners, namely Ajay Kumar @ Kala and Bihari Lal, who are behind the bars since 30.9.2021 have approached this court in the instant proceedings filed under S. 439 Cr.P.C, for grant of regular bail in case FIR No. 75 of 2021, dated 18.9.2021, registered at Police Station Lambagaon, District Kanga, Himachal Pradesh under Ss. 376(1), 376(D), 354, 120-B, 201 of IPC, Ss. 6 and 17 of Protection of Children from Sexual Offences Act, Section 181 of Motor Vehicles Act and Sections 3(i)(w)(i)(ii) 3(II)(va) of SC and ST Act. Respondent State has filed status report and SI Kesar Singh has come present with record. Record perused and returned.

2. Careful perusal of the record /status report made available to this court reveals that on 18.9.2021, victim-prosecutrix, aged 17 years (name withheld) lodged a complaint at Police Station Lambagaon, District Kangra, Himachal Pradesh, alleging therein that on 3.9.2021, while she had gone to Balakrupi to attend birthday of granddaughter of her aunt (Tai),bail petitioners sexually assaulted her against her wishes. She further alleged that on 7th/8th 9.2021, when her aunt had gone to earn daily wages and uncle was sleeping under the influenc

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