Suraj Gupta vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 565

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Suraj Gupta – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Sarthak Mehta, Advocate.
For the Respondent:Mr Jitender Sharma, Additional Advocate General, with ASI, Mohinder Singh WPS Baddi, District Solan, H.P.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide F.I.R. No. 46 of 2023, dated 28.10.2024, for the commission of offences punishable under Section 376 AB of the Indian Penal Code (in short ‘IPC’) and Section 4 of Protection of Children from Sexual Offences Act (in short ‘POCSO Act’). The petitioner was falsely implicated. The investigation is complete, and no recovery is to be effected from the petitioner. The petitioner belongs to a respectable family and has deep roots in the society. The petitioner would abide by all the terms and conditions, which the Court may impose. Hence the petition.

2. The petition is opposed by filing a status report asserting that the victim’s mother made a complaint to the police asserting that the victim, aged 3 years, was playing in the room on 27.10.2023 at 8:30 pm. The accused took her with him on the pretext of buying her chocolate. The accused did not return with the victim; hence, the victim’s mother sent her brother to trace the accused and the victim. He found that the accused had taken the victim to a dark alley. The accused could not