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2021 Supreme(HP) 956

ANOOP CHITKARA
VIKKY – Appellant
Versus
STATE OF H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajan Kahol.
For the Respondents: Mr. Nand Lal Thakur, Mr. Ram Lal Thakur, Mr. Sunny Dhatwalia, Mr. Rajat Chauhan.

JUDGMENT :

Anoop Chitkara, J.

1. The petitioner, incarcerating upon his arrest for alluring and raping a minor girl, has come up before this Court seeking regular bail on the grounds of false implication and further that the victim had earlier levelled similar allegations on two occasions, and in one such case, in her statement recorded on oath during the trial, she resiled from allegations and in her cross-examination also stated that she was more than 18 years of age, and that in her statement under S. 164 CrPC both the victims stated that they do not want to proceed with the case any further.

2. Earlier, the petitioner had filed the following bail petition:

    (a) Cr.MP(M) No.877 of 2021, in this Court, decided on 25th May, 2021.

3. Para-8 of the bail petition declares the petitioner having no criminal history.

4. Briefly, the allegations against the petitioner are that:

    a) On 28.12.2020, on noticing the missing two minor girls 'S' aged 14 years and Y' aged 16 years, from Child Care Institute Mashobra at Tutikandi, the Officer-in-charge (Superintendent) immediately informed the police of Police Station West (Boileauganj), Shimla.

b) The victims took a lift in a car from the Child Care Inst

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