BALDEV SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 14/2018, dated 17.02.2018, registered under Sections 363,366, 376 and 120­B of the Indian Penal Code and Section 4 of the POCSO Act at Police Station Gohar, District Mandi, H.P.

(2.) The case of the prosecution is that above FIR stands registered on 17.02.2018 at the behest of father of the victim alleging therein that the victim was taken away from the lawful custody of the father of the victim by the present petitioner and thereafter her modesty has been outraged by the petitioner on the pretext of marriage.

(3.) Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the case and he is not guilty of the offences as have been alleged against him. He further states that out of the five accused who have been named in the FIR, four are already out on bail. He further argued that the challan in the matter stands filed by the police, the petitioner is in custody since 24.09.2019 and no fruitful purpose will be served by keeping him in judicial custody, as no recovery etc. is to be effected from him. On this count, he submits that the petition be allowed and the petitioner be released on bail.