JUDGMENT :

Anoop Chitkara, J.

The petitioner, who is under incarceration from 23rd May 2019, i.e., for more than thirteen months, for having been arrested for alluring a minor girl less than eighteen years of age, to elope with him and after that committing sexual intercourse with her, which amounts to statutory rape, the girl being aged about 17 years and 7 months, has come up before this Court, seeking regular bail.

2. Based on a First Information Report (FIR), the police arrested the petitioner on 23.5.2019, in FIR No.11/2019, dated 8.4.2019, registered under Sections 363, 366, 368, 376 of Indian Penal Code, 1860, (IPC) and Section 4 of the Protection of Children from Sexual Offices, Act, 2012 (POCSO Act), in Women Police Station, Solan, District Solan, Himachal Pradesh, disclosing cognizable and non-bailable offences.

3. Earlier, the petitioner filed a petition under Section 439 CrPC before Special Judge, Solan, HP. However, vide order dated 3.12.2019, the Court dismissed the petition, primarily because the prosecutrix was a minor being 17 years, 7 months and 13 days and that her DNA matched with the accused.

4. I have read the Police report(s) and heard Mr. O.C. Sharma, learned Adv