VIJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Section 438 of the Code of Criminal Procedure, for grant of anticipatory bail, in case FIR No. 116 of 2020, dated 31.10.2020, under Sections 376 and 506 of IPC and Section 4 of POCSO Act, registered at Police Station Janjehli, District Mandi, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. The prosecution story, as emerges from the records, is that on 31.10.2020, the complainant (the mother of the prosecutrix) has filed a complaint at Police Station Seraj, Janjehli, wherein it has been alleged that today she was apprised by the prosecutrix that on 21.10.2020, when the prosecutrix had gone to attend a marriage ceremony at village Jhamach, the accused forcibly took her inside a room and sexually assaulted her. The accused also threatened the prosecutrix not to disclose the incident to anyone or he will kill her and her family members. The accused also told the prosecutrix that he is a rich person and has apple orchard and in a similar incident, he had previously come to the police station and for her, if he is put behind the Bars, nothing would be happened. As per the complainant, on 29.10.2020 there was another marriage at Village Jhamach and when her daughters were coming home from the said marriage, the accused, who was hiding himself near road, suddenly came there and tried to hold her younger daughter inappropriately. However, her elder daughter managed to save her younger daughter from the clutches of the accused and she ran away from the spot. The accused again threatened them by saying that since your father is a Teacher, if anything to anyone is disclosed by them, his reputation in the society will be lowered, as such, the prosecutrix kept whole incident a secret. On the basis of the compliant made by the mother of the prosecutrix, FIR No. 116 of 2020, dated 31.10.2020, under Sections 376 and 506 of IPC and Section 4 of POCSO Act, came to be registered against the accused. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious offence and there is possibility that in case he is released on bail he may tamper/hamper the prosecution case.