TENZIN TSOGYAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The matter is taken up through video conference.

(2.) 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. 26 of 2019, dated 25.02.2019, under Section 376 IPC and Section 6 of POCSO Act, registered in Police Station East (Chotta Shimla), District Shimla, H.P.

(3.) 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.