PRAKASH SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release, in case FIR No. 37 of 2019, dated 29.08.2019, under Sections 363, 366, 376 IPC and Section 6 of the POCSO Act, registered at Women Police Station Baddi, District Solan, 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 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, so he be released on bail.

(3.) Police report stands filed. Succinctly, the prosecution story, as emanates from the records is that on 29.08.2019 father of the prosecutrix (complainant herein) made a complaint to the police alleging that he is resident of Chitarkoot, Uttar Pradesh, and for the last six years residing alongwith his family in a rented accommodation at Baddi. On 28.08.2019, at about 09:30 a.m., his daughter, prosecutrix (name withheld), went to school for procuring her mark- sheet, but, thereafter she did not turn-up and despite an extensive search efforts, she could not be traced. The complainant apprehended that someone has taken the prosecutrix by enticing her. Upon the complaint, so made by the complainant, police registered a case and the investigation ensued. Police procured the date of birth records of the prosecutrix and recorded the statements of the witnesses. During the course of investigation, police found the mobile location of the prosecutrix in the area of Surat, Gujrat, so a police team was sent. On 23.12.2019 the prosecutrix alongwith the petitioner was traced in a rented accommodation in Surat, Gujrat. Upon the identification of the prosecutrix, police prepared a spot map and effected relevant recoveries. The petitioner was arrested and was medically examined. Statement of the prosecutrix, under Section 164 Cr.P.C., was recorded. Thereafter, the police completed all the codal formalities. As per the medical opinion, the victim/prosecutrix had undergone sexual intercourse, but there is no evidence of recent forceful sexual intercourse. As per the police, on 18.02.2020, after completion of investigation, police presented the challan in the learned Trial Court and supplementary challan was also presented on 17.07.2020. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a heinous crime. There is possibility that in case at this stage, if the petitioner is enlarged on bail, he may flee from justice, as he is resident of Uttar Pradesh, and may tamper with the prosecution evidence, so his bail application be dismissed.