ARUN KUMAR Vs. STATE

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Sec. 439 of the Code of Criminal Procedure, for grant of bail in case FIR No. 09/2021, dtd. 19/2/2021, under Ss. 363, 366A and 376 of IPC and Sec. 6 of POCSO Act, registered at Police Station Sangla, District Kinnaur, 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 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 7/12/2020, the prosecutrix (name withheld) had gone to the in laws' house of her elder sister at Brua, wherefrom, she came back to her house on 10/12/2020. On 18/2/2021, the father of the prosecutrix came to know that when his daughter was at brua, the accused took her to his house, where he has committed sexual intercourse with her and in the morning hours dropped her back. On the basis of the complaint made by the complainant, initially, FIR No. 09/2021, dtd. 19/2/2021, under Sec. 376 IPC and Sec. 4 of POCSO Act, came be registered against the petitioner. However, during investigation, Ss. 363, 366A IPC and Sec. 6 (in place of Sec. 4) of POCSO Act, were incorporated. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a heinous crime and there is possibility that in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and also flee from justice.