SANDEEP SHARMA 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. 02 of 2020, dated 15.01.2020, under Sections 354, 354A, 451, 506 IPC and Section 8 of POCSO Act, registered in Women Police Station, Hamirpur, District Hamirpur, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. 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. 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 15.01.2020, mother of the prosecutrix (complainant) made a written complaint to the police wherein she alleged that she alongwith her husband and daughters reside in a rented accommodation at Hamirpur and one of her daughters, prosecutrix (name withheld), is a student of 4th class. On 14.01.2020 when the complainant asked the prosecutix to go to the shop and get some eatable, the prosecutrix denied to go the shop. When the compainant asked why she is denying to go to the shop, the prosecutrix disclosed that the shopkeeper indecently touches her. The complainant asked the petitioner (shopkeeper) that why he does such like things, but the petitioner got infuriated and picked up a quarrel with the complainant. Upon the complaint, so made by the complainant, police registered a case and the investigation ensued. Police recorded the statements of the witnesses and prepared the spot map. On 15.01.2020 the petitioner was arrested and medically examined. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. Spot was photographed and records qua date of birth of the prosecutrix were obtained. As per the police, date of birth record from the Panchayat is yet to be procured. Lastly, it is prayed that in case the petitioner, at this stage, is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, as he is very clever person. Petitioner was found involved in a serious crime, so his bail application may be dismissed.