DAYA NAND SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application under Section 439 of the Code of Criminal Procedure has been maintained by the petitioner for releasing him on bail in case FIR No. 23/2020, dated 09.04.2020, under Sections 376 and 506 of the Indian Penal Code (for short "IPC") and Section 4 of Protection of Children from Sexual Offences (for short "POCSO") Act, registered at Police Station Chopal, District Shimla, 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 Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and 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 08.04.2020, the daughter of the complainant, who is minor, told her that in the month of January, 2020, when she was residing at village Thalog in the residence of the accused and on 02.01.2020, when accused was alone in his house, he came to the room of prosecutrix, bolted the door from inside and raped her. The accused after committing rape also threatened the prosecutrix with dire consequences. The prosecutrix also told the complainant that since then she also missed her menstrual cycle. On the basis of the complaint, so filed by the complainant, FIR No. 23/2020, dated 09.04.2020, under Sections 376 and 506 IPC and Section 4 of POCSO Act, came to be registered against the petitioner.