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2023 Supreme(HP) 79

SANDEEP SHARMA
Abhinay Sood – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Petitioner:Mr. N.K. Thakur, Senior Advocate with Mr. R.S.Verma, Ms. Ritu Singh and Mr. Divya Raj Singh, Advocates.
For the Respondent:Mr. Anup Rattan, Advocate General, with Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocates General.

JUDGMENT :

Sandeep Sharma, J.

By way of instant petition filed under Section 439 Cr.PC, prayer has been made by the bail petitioner for grant of regular bail in case FIR No. 111 of 2022 dated 26.9.2022, under Sections 376 and 506 of IPC and Sections 6 and 12 of POCSO Act, registered at PS Gagret, District Una, H.P.

2. Respondent State has filed the status report in terms of order dated 20.1.2023 and ASI Shashi Pal, PS Gagret, District Una, has also come present with records. Records perused and returned.

3. Perusal of status report/record reveals that on 26.9.2022, police station Gagret received a complaint regarding sexual harassment from victim-prosecutrix (name withheld), wherein she alleged that present bail petitioner, who at that relevant time was teacher at Government Degree College Daulatpur, Una, has been sexually harassing her against her wishes. Complainant alleged that bail petitioner repeatedly harassed her and when she objected, he threatened to award less marks in the internals. She alleged that subsequently, she was suspended from the class by the bail petitioner. Victim-prosecutrix also alleged that taking undue advantage of her innocence and minority, bail petitioner

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