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2025 DAILYLAW 26676 (HP)

CHANDER SHEKHAR v. State of HP

CRMPM/2645/2024 · 2025-01-06

Bipin Chander Negi

body2025

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No.2645 of 2024 Date of Decision : 06.01.2025 Chander Shekhar …… Petitioner Versus State of Himachal Pradesh ……Respondent Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the petitioner : Mr. Kulwant Singh Gill, Advocate. For the respondent : Mr. B.N. Sharma, Additional Advocate General. Bipin Chander Negi, Judge (oral) The victim, in the case at hand, is a minor girl. As per status report, she is stated to have been studying in the 7th Class at the time of incident and her Date of Birth is 15.09.2010. As per the Age Determination Test done by the Indira Gandhi Medical College (IGMC), Shimla, the age of the victim is stated to be between 15 to 16 years. 2. The bail petitioner, in the case at hand, is a Truck Driver by profession. On 05.07.2023, as per prosecution, the bail petitioner had made the victim, in the case at hand, board his Truck bearing No.HP-63A-1130. Thereafter, the victim in the case at hand, was brought to Shimla. During the intervening night of 4th/5th April 2023, the 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 accused had committed sexual intercourse with the victim/minor. On 05.07.2023, when the bail petitioner had stopped his Truck at a place ahead of Shalaghat to have tea, the child victim had escaped and reached Arki Police Station, wherein, she had reported the matter. 3. Taking into account the fact that the offence, in the case at hand, is heinous, the nature of the evidence which had come on record, the fact that there are 39 witnesses in all before the trial Court, out of which 19 witnesses have been record and the matter is fixed for recording of remaining witnesses on 07.03.2025, 09.03.2025 & 10.03.2025, and since the conclusion of the trial seems inevitable in the near future, therefore, the present petition is dismissed. 4. Accordingly, present petition stands disposed of, so also, pending miscellaneous application(s), if any. (Bipin Chander Negi) January 06, 2025 (KS) Judge