DIWAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 117 of 2019, dated 21.12.2019, under Sections 363, 366, 376(3), 120B IPC and Section 6 of POCSO Act, registered in 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. The petitioner is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 21.12.2019 the prosecutrix (name withheld) got her statement recorded under Section 154 Cr.P.C. with the police wherein she stated that on 17.12.2019 one Meena took her to Janjehli bazaar. Meena told the prosecutrix that she would marry her and asked to accompany her to Kutha. Later on, husband of Meena and his parents also accompanied them to Kutha. Near Kutha the prosecutrix was forcibly made to sit in a car, which was being driven by a boy and another boy was sitting in the vehicle. Thereafter, they reached village Sovali and Meena telephoned the brother of the prosecutrix and informed him that the prosecutrix has been married with Diwan Chand (petitioner herein), brother of Meena. Subsequently, Meena switched off her mobile phone. During the night, the petitioner forcibly committed sexual intercourse with the prosecutrix twice. Next day also prosecutrix was forcibly sexually molested by the petitioner. On 19.12.2019, at about 07:30 a.m. the petitioner and his mother dropped the prosecutrix at her home and asked her to divulge that she accompanied the petitioner on her own will and volition. Upon the statement so made by the prosecutrix, police registered a case and the investigation ensued. The prosecutrix was medically examined and scientific samples were sent for forensic analysis. Police visited the spot, prepared the spot map and also recorded the statements of the witnesses. Police also visited the Sovli village and prepared the spot map of the place of occurrence and lifted the scientific samples. On 22.12.2019 the petitioner was arrested and was medically examined. Police also procured records qua date of birth of the prosecutrix. The documents of the vehicle allegedly used in the commission of the crime were also seized. Other accused persons were also arrested and enlarged on bail by the Hon'ble High Court. As per the police, the petitioner with intent to marry her took her and he was assisted by other accused persons. As per the police, challan stands presented in the learned Trial Court on 17.02.2020 and report from RFSL is awaited. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner be dismissed.