MITHUN SHAH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure, for grant of bail in case FIR No. 40/2020, dated 05.10.2020, under Sections 376 and 506 of IPC and Section 6 of 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. 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 05.10.2020, father of the prosecutrix filed a complaint against the petitioner, alleging therein that on 04.10.2020, when he and his wife were not present at their house, the petitioner came there and subjected the prosecutrix (name withheld) to forcible sexual intercourse without her consent. On the basis of aforesaid allegations, FIR No. 40/2020, dated 05.10.2020, under Sections 376 and 506 of IPC and Section 6 of POCSO Act, came to be registered against the petitioner. 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.